Florida Fourth DCA Case: Excluding Relevant Evidence to Win the Big Case

Are you involved in a West Palm Beach will contest?    Is the other side trying to produce bogus evidence at trial? Has your Palm Beach probate litigator discussed the idea of getting evidence excluded prior to trial? Are you familiar with these rules? Did you know for instance of a recent case out of the Fourth District Court of Appeal that held that testimony received through hypnosis is admissible?

What Evidence is Admissible?

• The general rule for admitting evidence is that is has to be relevant.
• Do you know what relevant means?
• Relevant evidence tends to make a material (i.e. important) more or less likely to have occurred.
• Experienced Palm Beach probate litigators know that the rules of evidence are not that simple.
• Do you know all the rules to exclude relevant evidence?

Why is Excluding Evidence So Important

• Think about how a jury hears a case, now imagine a giant piece of that puzzle is missing.
• Do you think that is going to change how they see the matter?
• This is why excluding evidence is so important.
• Litigants rarely realize that a lot of the inflammatory actions either side took, like angry texts are largely irrelevant and can be excluded.
• Do you know what else could be excluded from your West Palm Beach will contest?
• How about hypnosis evidence!

Tramontano Jr. v. State of Florida

• In a recent case out of the Fourth District Court of Appeals, the court revisited a murder case.
• An individual found out that the prosecutions key witness had used hypnosis to recall vital facts.
• Believe it or not there had already been a case on point and apparently that evidence was held to be inadmissible.
• Do you agree?
• Should hypnosis evidence be excluded from a West Palm Beach will contest?

Want to learn more about hypnosis evidence and why the Court does not allow it?

Check out the entire case by clicking here.