Legal Memorandum: Limit on the Evidence to be Submitted

Issue: Under the laws of Alabama, may parties agree to limit the amount of evidence submitted in support of their claim?

Area of Law: Litigation & Procedure
Keywords: Evidence; Limiting amount of evidence; Waiver
Jurisdiction: Alabama
Cited Cases: None
Cited Statutes: None
Date: 07/01/2007

Absent parties’ agreement to limit the evidence to be submitted, both have the right to proffer additional evidence.  But plainly parties in a criminal matter are permitted to agree to limit the evidence they will submit in the interest of judicial economy and grater efficiency.  See United States v. Mitchell, 85 F.3d 800, 808 (1st Cir.1996).  When they do so, each party’s relinquishment of its rights to submit additional evidence constitutes a classic waiver.  Id. at 808.  “Waiver” is generally defined as the “intentional relinquishment or abandonment of a known right.”  United States v. Olano, 507 U.S. 725, 733 (1993).  Alabama, of course, recognizes the waiver doctrine.  Ex parte Key, 890 So. 2d 1056, 1067 (Ala. 2003).  Where there has been waiver, the court does not err by making a party live with the consequences of its choice.  Olano, 507 U.S. at 733; Ex parte Key, 890 So. 2d at 1067.  


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