Any lawyer or business professional working in the legal field has likely heard the term “evidentiary” but many may not be completely sure what it means. Evidentiary is a legal adjective that describes any type of evidence that is logically probative of a fact in the case.
What Constitutes Evidentiary Material?
This type of evidence can come in numerous forms and is generally used in court proceedings to demonstrate that a fact is more likely true than not. Evidentiary material can be divided into two primary categories – real and demonstrative. Real evidence includes physical items such as documents or weapons that were actually used or exist as a result of the crime or incident at hand. Demonstrative evidence includes exhibits, such as diagrams, photos, and videos, that the lawyer may use to explain the court facts and/or recreate the scene where the incident took place.
Examples of Evidentiary Evidence
The use of evidentiary evidence is essential to a successful case and now, with the prevalence of technology and social media, it has become even easier than ever to collect this type of evidence. Examples of evidentiary evidence could be emails or text messages that prove communication between two parties and social media posts that were made by one of the parties. Even surveillance video or audio recordings of a witness’s statement can be used as evidentiary evidence.
The Importance of Evidentiary Evidence
At its core, evidentiary evidence is meant to help the court and/or jury determine the truth of the matter. Without this type of evidence, lawyers would be hard-pressed to prove their case in court, making it one of the most important aspects of criminal and civil law. Practicing professionals in the legal field should be highly knowledgeable of evidentiary evidence and its applications, both in and out of the courtroom.