Legal Question in Civil Litigation in New York

Why can a judge limit an answer you give in court

i have wondered why or how a judge can stop you from fully answering a question put to you by the judge himself or an attorney, when not being allowed to do so would not allow you to fully defend or explain your position, and possibly cause you to end up in jail. Also if your are called to the stand to answer questions (after agreeing to tell the truth, the whole truth etc)and you begin to answer a question and the attorney stops you and says ''just answer yes or no'' why are you not permitted to fully explain your answer, which by doing so would for instance may prove your case or prove someone else was either guilty or not guilty.

Thank You.


Asked on 4/19/04, 1:11 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Why can a judge limit an answer you give in court

Because allowing a witness to add all the information he wants may include 1) prejudicial information, 2) Irrelevant information 3) Misleading information or 4) Information that is improper for a jury to consider.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 4/19/04, 1:16 pm
Kevin Connolly Kevin J. Connolly

Re: Why can a judge limit an answer you give in court

The jury system is in many ways a game. That's not intended to trivialize the system, but it is meant to emphasize that it is governed by a set of rules, the players take turns, and there is usually a winner and a loser. The most visible sets of rules, so far as lay spectators are concerned, are the rules of evidence, all of which are intended to improve the likelihood that the jury will find "truth" as that concept is understood by the law. The central tenet is that relevant evidence will be received if its "probative value" outweighs the "prejudicial potential" of the evidence. Let us say that a party is trying to prove "X." Any evidence that makes it more or less likely that "X" is true is said to be probative of "X." However, if "X" consists of proof that the complaining witness had consensual sex with the defendant (who is now charged with rape) at some point in the past, most states now say that the probative value of the evidence is slight in comparison to the likelihood that it will unfairly prejudice the jury against the charge of rape. Hence it is excluded.

When the judge limits an answer in a non-jury case, it is simply a matter of expediting the case: the judge has made a threshhold finding that he does not need to hear the evidence being proferred, either because it is worthless, redundant, or otherwise a waste of time.

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Answered on 4/19/04, 1:22 pm


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