Lexipedia

Admissibility of evidence

Rules determining whether a court or authority may consider particular evidence, focusing on relevance, legality, reliability and procedural fairness.

Admissibility of evidence concerns the threshold question whether material may be used in deciding a case. In Swiss civil, criminal and administrative proceedings, the approach differs by procedure, but common themes include relevance, timely submission, lawful collection, respect for privileges and the right to be heard. Illegally obtained evidence is not automatically excluded in every context; courts may weigh interests and procedural guarantees. Comparative common-law systems often frame admissibility through detailed exclusionary rules, while Swiss practice gives significant weight to statutory procedure and judicial assessment.