Evidence and Trial Practice

This section explains how courts evaluate proof, testimony, documents, and physical evidence.

It covers the vocabulary readers encounter when asking what can be introduced, how strongly something must be proved, and why some evidence is admitted, limited, or challenged.

Key topics in this section include:

• Evidence
• Admissible Evidence
• Burden of Proof
• Beyond a Reasonable Doubt
• Preponderance of the Evidence
• Clear and Convincing Evidence
• Hearsay
• Direct Evidence
• Circumstantial Evidence
• Witness
• Expert Witness
• Testimony
• Affidavit
• Direct Examination
• Cross-Examination
• Impeachment
• Objection
• Chain of Custody

For criminal-procedure vocabulary that often appears beside these proof rules, continue to Criminal Procedure.

In this section

• Admissible Evidence in Court
  Admissible evidence is evidence a court permits a party to present and rely on under the governing rules.
• Affidavit as Sworn Written Evidence
  An affidavit is a written statement sworn or affirmed to be true and used in legal proceedings for specified purposes.
• Beyond a Reasonable Doubt in Criminal Trials
  Beyond a reasonable doubt is the highest common proof standard and is generally required for criminal conviction.
• Burden of Proof in Legal Proceedings
  The burden of proof is the obligation to prove a claim or charge to the level of certainty the law requires.
• Chain of Custody for Evidence
  Chain of custody is the documented handling history of evidence used to show that the item remained identifiable and untampered with.
• Circumstantial Evidence in Trials
  Circumstantial evidence is evidence that suggests a fact through inference rather than proving it directly.
• Clear and Convincing Evidence
  Clear and convincing evidence is an intermediate proof standard stronger than preponderance of the evidence but lower than beyond a reasonable doubt.
• Cross-Examination in Trial Practice
  Cross-examination is the questioning of a witness by the opposing party after direct examination.
• Direct Evidence in Trials
  Direct evidence is evidence that, if believed, proves a fact without requiring an additional inference.
• Direct Examination of a Witness
  Direct examination is the questioning of a witness by the party that called the witness to testify.
• Evidence in Trial and Litigation
  Evidence is the information, testimony, objects, or documents used to prove or disprove facts in a legal proceeding.
• Expert Witness Testimony
  An expert witness is a witness permitted to offer specialized opinion testimony based on knowledge, skill, training, education, or experience.
• Hearsay in Court
  Hearsay is an out-of-court statement offered to prove the truth of what the statement asserts.
• Impeachment of a Witness in Evidence Law
  Impeachment is the process of challenging a witness's credibility or reliability.
• Objection in Trial and Hearing Practice
  An objection is a party's formal challenge to a question, answer, exhibit, or procedure during a legal proceeding.
• Preponderance of the Evidence
  Preponderance of the evidence is the common civil proof standard requiring that a claim be more likely true than not.
• Testimony in Court
  Testimony is evidence given by a witness under oath or affirmation in court or another formal legal proceeding.
• Witness in Evidence and Trial Practice
  A witness is a person who gives testimony or other relevant information in a legal proceeding.