What is the standard of review on a trial court’s decision to admit or exclude evidence?

In New Hampshire, an appellate court reviewing a trial court’s decision to admit or exclude evidence applies an abuse of discretion standard. This means that the appellate court will look at the trial court’s ruling and determine whether the court made an unreasonable decision that was not supported by the law or facts. In other words, the appellate court must decide whether the trial court abused its discretion. The New Hampshire Supreme Court has held that when a trial court makes a decision to admit or exclude evidence, the decision can only be reversed if it was arbitrary, unreasonable, or unfair. For example, if a trial judge excludes evidence that is relevant to the case that can help a jury reach a fair outcome, then the appellate court may reverse the ruling after viewing it with a more critical eye. Additionally, appellate courts may reverse a trial court’s ruling if the ruling is fundamentally unfair to one of the parties. This means that the appellate court must determine whether the trial court’s ruling would have harmed the party’s ability to fairly present their case. If the ruling would have caused an unfair prejudice on a party, then the appellate court may reverse the ruling. Overall, the appellate court has a high standard of review when it comes to a trial court’s decision to admit or exclude evidence. The court will look at the ruling carefully and determine whether it was fair considering the facts and law involved. If it was determined that the trial court abused its discretion, then the appellate court may reverse the ruling.

Related FAQs

How do I obtain an appellate court transcript?
What is the process for filing an interlocutory appeal?
What is the process for obtaining an order of remand from an appellate court?
What is the process for seeking an en banc hearing on an appeal?
What is the difference between a discretionary appeal and a mandamus petition?
What is the process for obtaining an appellate court review of a trial court’s decision?
What is the process for obtaining a stay of execution pending an appeal?
How do I access the appellate court records?
How does an appellate court decide a case?
How do I obtain a copy of the appellate court’s opinion?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023