The rules of civil procedure allow the attorneys to discover any information that
may lead to admissible evidence. Some time before, or at the start of trial, the
court will begin the process of reviewing the evidence that the attorneys plan
to submit and determining, what, if any, of it is admissible. The rules for
admissibility are much stricter for evidence in criminal cases because of the
constitutional protections for the defendant. The outcome of many criminal
cases is decided by the judge’s rulings on which evidence is admissible. For
example, the judge may exclude a confession or a murder weapon because it
was obtained improperly. Although the constitutional issues of improper search
and self-incrimination are not a problem in civil trials, witnesses and other
evidence may still be excluded if it is unduly prejudicial or if it does not meet
the legal standards for credibility. Once evidence has been admitted, it is
subject to cross- examination.