Product
Solutions
Security
Company
Resources
Login
Request a Demo
Glossary
Relevance, hearsay, authentication, and the evidentiary rules that determine what reaches the jury.
evidence-and-admissibility
Admissibility is whether evidence may be received and considered by the factfinder under the applicable rules of evidence.
Animation evidence uses computer-generated imagery to illustrate testimony or simulate events.
Authentication is the requirement that a proponent show evidence is what they claim it is before it can be admitted.
The best evidence rule requires an original writing, recording, or photograph to prove its contents.
Bias evidence shows a witness's motive to favor one side, admissible without a specific rule authorizing it.
The burden of production requires a party to offer evidence sufficient to raise the issue for the factfinder.
The burden of proof is the obligation to prove a disputed fact or claim to the level of certainty the law requires.
The business records exception admits records made and kept in the regular course of business, provided a qualified witness or certification establishes...
Chain of custody is the documented record of who handled an item of evidence and when, establishing that it has not been altered or substituted.
Character evidence describes a person's disposition, generally inadmissible to prove conduct on a particular occasion.
Circumstantial evidence proves a fact indirectly, requiring an inference from the evidence to the conclusion.
Clear and convincing evidence is an intermediate standard requiring proof that the claim is highly probable.
Collateral source evidence shows payments from sources independent of the defendant, traditionally inadmissible.
Conditional admission allows evidence subject to later proof of a fact on which its relevance depends.
Declarant unavailability is the prerequisite for certain hearsay exceptions and for deposition use at trial.
A deepfake challenge asserts that audio, video, or images were synthetically generated or manipulated.
Demonstrative evidence is material created to illustrate testimony, such as diagrams, models, animations, and timelines, admitted as an aid rather than as...
Direct evidence proves a fact without requiring an inference, such as eyewitness testimony to the event.
Documentary evidence consists of writings, recordings, and records offered to prove their contents.
Double hearsay occurs where a statement contains another statement, requiring an exception for each level.
Evidence is the testimony, documents, and physical or electronic material offered to prove or disprove facts in a legal proceeding.
Evidence of liability insurance is inadmissible to prove negligence but admissible for other purposes.
An excited utterance is a statement about a startling event made while under the stress of excitement it caused.
Foundation is the preliminary showing establishing that evidence is what it purports to be and is properly admissible.
Habit evidence shows a person's regular response to a repeated situation, admissible to prove conduct on an occasion.
Hearsay is an out-of-court statement offered to prove the truth of what it asserts, and it is inadmissible unless an exception or exclusion applies.
A hearsay exception is a category of out-of-court statement admissible despite the hearsay rule because circumstances suggest it is reliable.
Impeachment is the process of attacking a witness's credibility through prior inconsistent statements, bias, contradiction, or character for untruthfulness.
Judicial notice permits a court to accept a fact as established without formal proof.
Lay opinion testimony permits a non-expert to offer opinions rationally based on their own perception.
The learned treatise exception permits use of authoritative publications during expert examination.
Metadata authentication uses embedded file data to establish a document's origin, timing, and integrity.
An offer of proof preserves excluded evidence for appellate review by placing its substance on the record.
Offers to compromise are inadmissible to prove liability or damages, encouraging settlement discussions.
An opposing party statement is excluded from hearsay and admissible against the party who made it.
Payment of medical expenses is inadmissible to prove liability, encouraging humanitarian assistance.
Personal knowledge requires that a witness perceived the matter about which they testify.
Photographic evidence depicts scenes, conditions, or injuries, subject to authentication and prejudice objections.
Physical evidence is tangible material offered for the jury's direct examination.
Preponderance of the evidence is the default civil standard of proof, requiring that a fact be shown more likely true than not.
A present sense impression describes an event made while or immediately after the declarant perceived it.
A presumption requires the factfinder to accept a fact upon proof of a predicate fact, unless rebutted.
A prima facie case is evidence sufficient to establish a claim unless contradicted.
Prior conviction impeachment permits attacking credibility with certain criminal convictions.
A prior inconsistent statement impeaches a witness by showing they said something different on an earlier occasion.
Recorded recollection admits a memorandum made when a matter was fresh where the witness now cannot recall it.
Refreshing recollection uses a writing or object to restore a witness's memory so they can testify from recall.
Relevance is the threshold requirement that evidence make a fact of consequence more or less probable than it would be without the evidence.
The residual exception admits hearsay with equivalent trustworthiness not covered by an enumerated exception.
Rule 403 permits exclusion of relevant evidence where its probative value is substantially outweighed by countervailing dangers.
Rule 902(14) permits self-authentication of electronic data copies verified by hash value or similar digital identification.
Self-authentication permits certain documents to be admitted without extrinsic evidence of authenticity.
Social media authentication establishes that an account and its content belong to and originated from a particular person.
A statement against interest is a declaration so contrary to the declarant's interest that a reasonable person would not have made it untruthfully.
Statements made for medical diagnosis or treatment are admissible for hearsay purposes when pertinent to treatment.
A stipulation is an agreement between parties accepting a fact or procedure without proof.
Subsequent remedial measures are post-incident fixes that are inadmissible to prove negligence or defect, though admissible for other limited purposes.
Summary evidence presents voluminous records in condensed form, admissible as substantive evidence.
Surveillance video is recorded monitoring footage, valuable for both incident documentation and claimant activity investigation.
Testimonial evidence is a witness's sworn statement about matters within their knowledge.
Unfair prejudice is the tendency of evidence to induce a decision on an improper emotional or moral basis.
Video evidence captures events or conditions in motion, requiring authentication and subject to prejudice objections.
Witness sequestration excludes witnesses from the courtroom so they cannot shape testimony to match others.
The unified intelligent litigation workspace.
Overview
Review
Draft
Strategy & Settlement
Research
Assistant
By Type
Law Firms
Insurance Carriers
Practice Areas
Tort & Insurance
Mergers & Acquisitions
Business Litigation
Employment Law
Construction
Real Estate
All practice areas
About
Careers
Contact
Articles
Newsroom
Media Kit
LegalTech.FYI
© 2026 Turbo Law, Inc.
Terms
Privacy Policy
Cookie Policy