Do you know what a "Motion to Preclude" is? A motion is nothing more than a formal request to the court to take action. A motion to preclude is a request that the court take certain action to admit or refuse to allow evidence or testimony at trial.
This type of request can be made before trial or during trial.
If you are watching a trial and you hear that an attorney is asking the court to keep out a piece of evidence or testimony, that is known as a motion to preclude. The judge must then weigh the legal arguments.
The judge is the sole arbiter of the law and has discretion as to what is allowed into trial in the form of testimony or evidence. The jury is the sole arbiter of the facts. If testimony is not permitted, a jury will not be able to use that information to come to a conclusion about whether the injured victim is more likely right than wrong that the injuries were caused by the people she has sued.
If the judge incorrectly allows evidence to be admitted at trial, the losing side can appeal the case. It would then be up to the appeals court to determine, from a legal standpoint, whether the trial judge correctly allowed that evidence into trial.
Watch the video to learn more.
To learn even more about how negligence, accident and medical malpractice cases work in NY, I urge you to explore my educational website http://www.oginski-law.com.
If you have legal questions pick up the phone and call me at 516-487-8207, or send me an email: firstname.lastname@example.org. I can answer your questions; that's what I do every day and I welcome your call.
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