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NeCede's

Maxim 9.1.30

The rules of evidence are of great importance, and cannot be departed without endangering private as well as public rights.

Source: Nicholls v. Webb, 8 Wheat. (21 U.S.) 326, 332; Weisman, 39hh Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The rules of evidence safeguard both private rights and public order; courts must not relax evidentiary standards for convenience, as doing so endangers the rights of all parties.

Where this applies

  • A judge allows hearsay testimony "just this once" because the case is complicated — but relaxing evidentiary rules for convenience endangers the rights of the party who can't cross-examine the absent declarant.
  • A court in a civil case decides to skip the authentication requirement for a key document to speed things along — this shortcut risks admitting forged or altered evidence.
  • A legislature proposes allowing secret evidence in certain administrative hearings — critics argue this departure from evidentiary rules threatens both the private rights of the accused and public confidence in the system.

Legal domains

Cite this maxim

NeCede Max. 9.1.30 — The rules of evidence are of great importance, and cannot be departed without endangering private as well as public rights. — Nicholls v. Webb, 8 Wheat. (21 U.S.) 326, 332; Weisman, 39hh

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