Physical evidence includes products, components, clothing, and other objects connected to the events. Authentication requires showing the item is what it purports to be, frequently through chain of custody.
Condition changes since the events must be disclosed.
Alternative Names:
Real Evidence|Tangible Evidence
Why it Matters?
Chain of custody gaps do not automatically exclude physical evidence but affect the weight the jury may give it, which means the argument is frequently better made to the jury than as an admissibility objection. Where the item's condition changed materially through testing or handling, disclosure is required and the alteration becomes a cross-examination subject. Spoliation issues arise where a party controlled the item and failed to preserve it.
Frequently Confused with
Related terms
Frequently asked questions
Do chain of custody gaps exclude evidence?
What must be disclosed?
