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.
For criminal-procedure vocabulary that often appears beside these proof rules, continue to Criminal Procedure.
- 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.
- Attorney-Client Privilege for Legal Advice Communications
Learn how attorney-client privilege protects certain confidential communications for legal advice.
- Authentication as Proof That Evidence Is What It Claims to Be
Understand authentication as the evidence step of showing that an item is what the proponent says it is.
- Best Evidence Rule for Proving Document Contents
The best evidence rule generally requires an original or acceptable duplicate when a party seeks to prove the contents of a writing, recording, or photograph.
- 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 Persuasion at Trial
Burden of persuasion is the duty to convince the factfinder that a fact or claim is true under the applicable proof standard.
- Burden of Production to Put Evidence Forward
Burden of production is the duty to present enough evidence on an issue for the factfinder to consider it.
- 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.
- Business Records Exception to Hearsay
The business records exception can allow certain regularly kept business records into evidence despite the hearsay rule.
- 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.
- Character Evidence and Limits on Proving Conduct by Personality
Learn why character evidence is limited and how it differs from impeachment or other relevant proof.
- Character Witness and Reputation Evidence
A character witness is a witness who gives testimony about a person's character, reputation, or opinion when the evidence rules allow it.
- 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.
- Clear and Convincing Evidence Standard
Clear and convincing evidence is a proof standard requiring a high probability or firm belief in the truth of a fact.
- Corroborating Evidence Supporting Other Proof
Corroborating evidence is evidence that supports, confirms, or strengthens other evidence or testimony.
- Cross-Examination in Trial Practice
Cross-examination is the questioning of a witness by the opposing party after direct examination.
- Demonstrative Evidence Used to Explain Testimony
Understand demonstrative evidence as visual or illustrative material used to help explain facts or testimony.
- 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.
- Documentary Evidence Used to Prove Facts
Documentary evidence is evidence in the form of written, recorded, printed, or digital documents offered to prove facts.
- Evidence in Trial and Litigation
Evidence is the information, testimony, objects, or documents used to prove or disprove facts in a legal proceeding.
- Excited Utterance as a Hearsay Exception
An excited utterance is a statement relating to a startling event made while the speaker is still under the stress of that event.
- Excluding Witnesses During Testimony
Excluding witnesses means keeping certain witnesses out of the courtroom while others testify so testimony is less likely to be influenced.
- Expert Witness Testimony
An expert witness is a witness permitted to offer specialized opinion testimony based on knowledge, skill, training, education, or experience.
- Foundation for Admitting Evidence
Foundation is the preliminary showing that evidence is what it claims to be and is sufficiently connected to the case for admission.
- 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.
- Judicial Notice of Facts That Do Not Need Ordinary Proof
Learn how judicial notice lets a court accept certain facts without ordinary evidence.
- Lay Opinion Testimony from a Non-Expert Witness
Lay opinion testimony is opinion testimony from a non-expert witness based on the witness's own perception and useful to understanding the facts.
- Lay Witness Testimony from a Non-Expert
Learn how lay witnesses testify from personal knowledge and how they differ from expert witnesses.
- Leading Question in Witness Examination
Understand leading questions and why courts treat them differently on direct and cross-examination.
- Materiality in Evidence and Legal Proof
Learn how materiality identifies facts that matter under the legal issues in a case.
- 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.
- Physical Evidence in a Legal Case
Physical evidence is tangible evidence, such as an object, item, substance, or material thing connected to a legal dispute.
- Preponderance of the Evidence
Preponderance of the evidence is the common civil proof standard requiring that a claim be more likely true than not.
- Preponderance of the Evidence Standard
Preponderance of the evidence is a proof standard requiring that a fact be more likely true than not.
- Present Sense Impression as a Hearsay Exception
A present sense impression is a statement describing or explaining an event made while the speaker perceives it or immediately afterward.
- Prior Inconsistent Statement Used to Challenge Testimony
A prior inconsistent statement is an earlier statement that conflicts with a witness's current testimony and may be used to impeach credibility.
- Privilege as a Legal Protection Against Forced Disclosure
Understand privilege as an evidence and discovery doctrine that can protect certain communications from disclosure.
- Public Records Exception to Hearsay
The public records exception is a hearsay exception that can allow qualifying government records or findings into evidence.
- Real Evidence Presented as the Thing Itself
Real evidence is evidence presented as the actual object, item, place, or thing involved in the events of a case.
- Recorded Recollection as a Hearsay Exception
Recorded recollection is a hearsay exception for a record made or adopted when a witness had knowledge but now cannot fully remember.
- Refreshing Recollection to Help a Witness Remember
Refreshing recollection uses a writing, object, or prompt to help a witness recover present memory before testifying.
- Relevance as the First Question for Evidence
Understand relevance as the basic evidence rule asking whether information tends to matter to the dispute.
- Statement Against Interest as a Hearsay Exception
A statement against interest is a statement that was so contrary to the speaker's own legal, financial, or penal interest when made that it may fit a hearsay exception.
- Testimony in Court
Testimony is evidence given by a witness under oath or affirmation in court or another formal legal proceeding.
- Voir Dire for Jury Selection and Witness Screening
Voir dire is a questioning process used to evaluate potential jurors or, in some contexts, to examine whether a witness or evidence issue meets legal requirements.
- Witness in Evidence and Trial Practice
A witness is a person who gives testimony or other relevant information in a legal proceeding.