Real evidence is evidence presented as the actual object, item, place, or thing involved in the events of a case.
Why real evidence matters
Real evidence matters because seeing the item itself can help a factfinder understand what happened. But the item still must satisfy evidence rules, including relevance, authentication, and sometimes chain-of-custody requirements.
Real evidence can be powerful because it is not merely a description of the thing.
Where real evidence appears
Real evidence appears in criminal trials, product-liability cases, accident cases, property disputes, personal-injury cases, and hearings involving tangible objects or site conditions.
Practical example
A broken stair tread is introduced in a premises-liability case to show the alleged hazard. The court may require a foundation showing that the tread is what the party claims it is.
How real evidence differs from nearby terms
Real evidence differs from demonstrative evidence because real evidence is the actual thing involved, while demonstrative evidence is created to explain, summarize, or illustrate. It overlaps with physical evidence but emphasizes that the object itself is being offered.
Related terms
Quick knowledge check
Why is a courtroom model usually demonstrative evidence rather than real evidence?