Blog - Judicial Discretion

Posted on May 19, 2020 by Marty Aisenberg

As every trial lawyer knows, the admissibility of a vast array of evidence is committed to the trial court’s discretion.  (Or “sound discretion,” as some appellate courts put it, though as far as I can tell it means the same thing.)  Consequently, one of the unavoidably nerve-wracking aspects of litigation is that Judge A and Judge B might reach opposite conclusions on the admissibility of the same evidence, yet both rulings could be upheld on appeal because neither ruling was an abuse of discretion.  So, without in any way denigrating the importance of our skill and experience in trial adv

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