Evidence

Part of the common law series

Types of evidence

Testimony · Documentary Physical / Real · Digital Exculpatory · Scientific Demonstrative Eyewitness identification Genetic (DNA) · Lies

Relevance

Burden of proof · Laying a foundation Subsequent remedial measure Character · Habit · Similar fact

Authentication

Chain of custody Judicial notice · Best evidence rule Self-authenticating document Ancient document

Witnesses

Competence · Privilege Direct examination · Cross-examination Impeachment · Recorded recollection Expert witness · Dead man statute

Hearsay and exceptions

in English law · in United States law Confessions · Business records Excited utterance · Dying declaration Party admission · Ancient document Declarations against interest Present sense impression · Res gestae Learned treatise · Implied assertion

Other common law areas

Contract · Tort · Property Wills, trusts and estates Criminal law

v • d • e

Real evidence is a type of physical evidence and consists of objects that were involved in a case or actually played a part in the incident or transaction in question.

Examples

Examples include the written contract, the defective part or defective product, the murder weapon, the gloves used by an alleged murderer. Trace evidence, such as fingerprints and firearm residue, is a species of real evidence. Real evidence is usually reported upon by an expert witness with appropriate qualifications to give an opinion. This normally means a forensic scientist or one qualified in forensic engineering.

Admission of real evidence requires authentication, a showing of relevance, and a showing that the object is in “the same or substantially the same condition” now as it was on the relevant date. An object of real evidence is authenticated through the senses of witnesses or by circumstantial evidence called chain of custody.

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