Rule 128- General Provisions

Question 1

Define “evidence”

[Rule 128, Section 1]

Answer 1

Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

Question 2

What is the scope of the “Rules on Evidence”?

[Rule 128, Section 2]

Answer 2

The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules.

Question 3

Explain the rule on “admissibility” of evidence.

[Rule 128, Section 3]

Answer 3

Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules.

Question 4

Explain the “relevancy” and “collateral matters” of Rules on Evidence.

[Rule 128, Section 4]

Answer 4

Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence.

Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.