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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 Washington State, evidence is governed by the Washington Rules of Evidence, which are similar to the Federal Rules of Evidence. These rules dictate that evidence, whether in physical or digital form, must be relevant to the issues in the case to be admissible in court. Relevance is determined by whether the evidence makes a fact more or less probable than it would be without the evidence and whether that fact is of consequence in determining the action. Expert witness testimony is subject to additional scrutiny; it must not only be relevant but also reliable. The reliability is assessed by the judge based on factors such as the expert's qualifications, the methodology used, and the relevance of the expert's reasoning to the facts of the case. The judge acts as a gatekeeper to ensure that only evidence meeting these standards is presented to the jury or considered by the judge in a bench trial.

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Civil litigation

evidence

Individual & Family Legal Plan

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Washington State Code

Washington State Code

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Civil litigation

evidence