Evidence

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When a lawsuit is filed, both the plaintiff (the party suing) and the defendant (the party being sued) introduce evidence at the trial. Evidence refers to something submitted to the court to prove or disprove the truth of a factual matter being considered by the court. It is a court's duty to decide a case only on the evidence that is presented in the case. Rules of evidence, which have been adopted, determine what evidence is admissible at trial. Generally, all evidence that is relevant (tends to prove or disprove the factual matter at issue) is admissible in a trial.

Categories of Evidence

There are two broad categories of evidence:

• Direct evidence
• circumstantial evidence.

Direct evidence is evidence that comes from direct knowledge of a fact in issue--something the person testifying saw, heard, did, or felt. Circumstantial evidence is evidence that does not come from direct knowledge of a fact in issue. It is indirect evidence that implies something took place but does not prove that it in fact happened.

Real or Demonstrative Evidence

Exhibits, photographs, maps, and documents (such as public records) may be introduced at trial. Such items are considered real or demonstrative evidence. A written contract in a civil trial or a murder weapon in a criminal trial are examples of real evidence. Exhibits and photographs can help the "trier of fact" - the jury in a jury trial or the judge in a bench trial - understand the testimony given at trial. Real or demonstrative evidence has to be authenticated, which means proving that the document, photograph, or other object is what it seems to be.

Testimonial Evidence

A witness's testimony at trial is testimonial evidence. In general, a witness can testify about facts but is not allowed to give an opinion about the facts. An expert witness is a witness with special knowledge of a technical subject. An expert witness can testify about facts and give an opinion or draw a conclusion about the facts.

Rules of Evidence

The Federal Rules of Evidence govern what evidence can be introduced in federal lawsuits, both civil and criminal. Each state has adopted rules of evidence, which control what evidence is admitted or rejected in civil and criminal lawsuits in state courts. Rules of evidence also specify whether the plaintiff or the defendant is responsible for producing evidence and who has the burden of convincing the trier of fact.

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