every type of proof legally presented at trial (allowed by the judge) which is intended
to convince the judge and/or jury of alleged facts material to the case. It can
include oral testimony of witnesses, including experts on technical matters, documents,
public records, objects, photographs and depositions (testimony under oath taken
before trial). It also includes so-called "circumstantial evidence" which is intended
to create belief by showing surrounding circumstances which logically lead to a
conclusion of fact. Comments and arguments by the attorneys, statements by the judge
and answers to questions which the judge has ruled objectionable are not evidence.
Charts, maps and models which are used to demonstrate or explain matters are not
evidence themselves, but testimony based upon such items and marks on such material
may be evidence. Evidence must survive objections of opposing attorneys that it
is irrelevant, immaterial or violates rules against "hearsay" (statements by a party
not in court), and/or other technicalities.
See also circumstantial evidence demonstrative evidence deposition hearsay material
object objection relevant
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