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Civil procedure

evidence

Evidence is anything that tends to prove or disprove a material or relevant fact alleged in a lawsuit or other legal proceeding. Witness testimony, documents, contracts, email messages, photographs, medical bills, video images, and voice recordings are common pieces of evidence.

In New York, evidence is governed by the New York State Rules of Evidence as well as relevant case law. Evidence must be relevant to the facts of the case, meaning it should have any tendency to make a fact more or less probable than it would be without the evidence. The types of evidence mentioned, such as witness testimony, documents, and electronic communications, are all admissible if they meet the criteria of relevance and are not excluded by an exception or rule. For instance, hearsay is generally not admissible unless it falls under one of the many exceptions. Additionally, evidence must be authenticated before it can be admitted, which means there must be a demonstration that the evidence is what it purports to be. In New York, as in other jurisdictions, the rules of evidence are designed to ensure that the fact-finder is presented with reliable evidence that is helpful in resolving the dispute at hand.

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Civil procedure

evidence

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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New-York State Code

Civil procedure

evidence

Articles