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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 Utah, as in other jurisdictions, evidence is crucial in legal proceedings and must adhere to specific rules to be admissible in court. Evidence can be in the form of physical documents, digital records, or witness testimony. For evidence to be considered by a judge or jury, it must be relevant to the case, meaning it should have a direct bearing on the dispute at hand. Additionally, certain types of evidence, such as expert witness testimony, are subject to further scrutiny. Expert testimony must be deemed reliable by the judge, which involves evaluating the expert's qualifications, the methodology used, and the relevance of the expert's knowledge to the case. The reliability standard is guided by Rule 702 of the Utah Rules of Evidence, which aligns with the federal Daubert standard. This rule ensures that any scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.

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Civil litigation

evidence

Individual & Family Legal Plan

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Utah State Code

Utah State Code

Civil litigation

evidence

Articles