Evidence Basics

The goal: admissible evidence

You can't just show the court anything. Evidence must be relevant and admissible — meaning it meets the rules the court uses to decide what's allowed.

Common objections

• Hearsay — an out-of-court statement offered to prove its truth; often excluded, with exceptions.
• Lack of foundation — you haven't shown the document is what you say it is.
• Best evidence rule — when proving the contents of a document, the original is usually required.
• Relevance — the evidence doesn't relate to a fact that matters.

Types of evidence

• Documents — contracts, receipts, letters, photos.
• Testimony — witnesses stating what they personally saw or know.
• Exhibits — physical objects or records.

Authenticating evidence

You usually must show how you know a document is genuine — for example, a witness who created it or received it in the normal course of business.

Burden of proof

The party making a claim generally has the burden of proof — the responsibility to prove it. In civil cases that usually means "a preponderance of the evidence" (more likely than not).