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What is Evidence?
Evidence
is defined as any species of proof, or probative matter, legally
presented at the trial of an issue, by the parties involved
in the matter. Evidence may be presented by witnesses in the
form of testimony, or by documents, exhibits, concrete objects,
photographs etc. Evidence is presented in order to induce a
belief in the minds of the judge or jury as to the contentions
of the parties. It is testimony, writings, material objects
or other things presented to the senses that are offered to
prove or disprove the existence or non-existence of a fact.
In a legal context, like a personal injury case, the rules
of evidence are used to determine whether certain testimony,
writings, documents or objects are proper to admit before
the judge or jury. The Rules of Evidence are used by your
lawyer to try and admit or exclude evidence from your trial
or hearing.
There are two types of evidence, direct evidence and indirect
or circumstantial evidence. An example of direct evidence
is eye witness testimony. Circumstantial or indirect evidence
consists of a chain of circumstances pointing to the existence
or non-existence of a particular fact.
Tangible evidence is physical evidence that can be seen or
touched. Testimonial evidence is that evidence that can be
heard. In general, the law makes no significant distinction
between direct and indirect evidence. The jury can decide
your case based or either or both types of evidence. In a
personal injury or civil case, the jury will simply decided
whether you have proved your case by a preponderance of the
evidence. That is, the parties have to show that a fact is
more likely so than not in order for it to be established
or proven in a court of law.
The Rules of Evidence are uniform in the federal court system
and are governed by the Federal Rules of Evidence. In cases
pending in the various state courts each state may have its
own rules of evidence. State court evidentiary rules are not
uniform and it is not unusual for there to be variations among
the states. Your lawyer should be familiar with the local
evidentiary rules in the state in which your case is pending.
Part of preparing your case for trial involves ensuring that
you have enough evidence to prove what is necessary to win
your case. Personal injury attorneys spend considerable time
gathering and organizing information, then evaluating that
information to determine whether it is important for your
case.
When you are handling a personal injury case, some of the
evidence your lawyer will need includes: medical records to
establish the nature and extent of your injury, wage loss
documentation to verify any lost income and any information
to help establish who was at fault in the accident. It will
save considerable time if you can obtain as much of the above
information as possible before meeting with your attorney.
The faster the attorney has the necessary evidence, the sooner
he will be in a position to evaluate your case.
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