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evidence

Evidence is information that exists in physical or digital form—such as written agreements and e-mail communications—as well as testimony from witnesses who have personal knowledge of facts relevant to a dispute. Evidence generally must be relevant to be admitted in court and considered by the factfinder (judge or jury) in resolving a lawsuit. And some forms of evidence, such as expert witness testimony, must be shown to be sufficiently reliable (as determined by the judge) to be admitted in evidence.

In Arkansas, evidence is regulated by both state statutes and rules of court, particularly the Arkansas Rules of Evidence. These rules dictate what types of evidence are admissible in court. Evidence must be relevant, meaning it must have any tendency to make a fact more or less probable than it would be without the evidence and the fact must be of consequence in determining the action. Physical and digital evidence, such as written agreements and email communications, must be authenticated to be admissible. Testimony from witnesses is also subject to rules of evidence, including the requirement that witnesses have personal knowledge of the facts to which they testify. Expert witness testimony is subject to additional scrutiny; it must be shown to be reliable based on the expert's knowledge, skill, experience, training, or education. The judge in a case acts as the gatekeeper in determining the admissibility of evidence, including the reliability of expert testimony.

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Civil litigation

evidence

Individual & Family Legal Plan

Articles

Arkansas State Code

Arkansas State Code

Civil litigation

evidence

Articles