What is the process of "tendering" evidence in a court setting?

The process of "tendering" evidence in a court setting refers specifically to the formal offering of evidence for admission into the court record. This is a critical step in the legal process where a party presents evidence to the judge, asking for it to be accepted and considered as part of the case.

During tendering, the party must follow certain procedural rules, which may include providing a legal basis for the evidence's admissibility. This can involve laying the foundation for the evidence, demonstrating its relevance, and ensuring it complies with any applicable legal standards. Once the evidence is tendered, it may be subject to objections from the opposing party, who may argue against its admission for various reasons, such as bias, hearsay, or irrelevance.

This process contrasts with informal discussions or interactions between attorneys, the act of cross-examination, or the rejection of evidence, none of which encompass the formal and structured nature of tendering evidence in the courtroom.