Also known as: evidences · evidenced · evidencing · evidentia · evidential · evidentiary · proof
Written by attorneys · grounded in primary & secondary sources — see below
Something that tends to prove or disprove a fact. Rules of evidence determine what may be admitted in a judicial proceeding.
Edith Eberhardt bought land from Enzo Eastwood under a contract containing a merger clause. After closing she discovered the deed omitted an oral promise about boundary fencing. The court refused to admit the prior oral statement because the merger clause and parol evidence rules limited enforcement to the deed terms.
Eva Espinosa filed a complaint alleging specific contract breaches by Enigma Technologies. Her lawyer certified that the factual contentions had evidentiary support or would likely gain it after discovery. The court accepted the pleading because the certification satisfied the required standard.
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Ezra Eastman faced a negligence claim after a workplace accident. The plaintiff sought to introduce testimony that Ezra had a reputation for carelessness to prove he acted carelessly on the day in question. The court excluded the evidence because it was offered solely to show action in conformity with the trait.
Ella Emerson was acquitted of theft in one jurisdiction. Prosecutors later charged her with receiving stolen property arising from the same transaction. The court dismissed the second prosecution because each offense required proof of a fact the other did not and addressed a substantially different harm.
Ewan Eckhart presided over a contract dispute between Everest Holdings and Elysium Media. During deliberations the judge conducted an independent online search for market data on the disputed goods. The appellate court reversed because the judge had investigated facts outside the record and judicial notice.
Enzo Eastwood represented a client who had submitted a forged invoice in a commercial case. When the lawyer learned the document was false he refused to offer it and disclosed the falsity to the tribunal. The court accepted the remedial steps as required when material evidence is known to be false.
A prior conviction is inadmissible for impeachment if it has been the subject of a pardon or certificate of rehabilitation based on a finding of rehabilitation and the witness has not been convicted of a later serious crime. The rule protects the rehabilitative effect of the pardon regardless of the conviction's age.
The proponent must give an adverse party reasonable written notice of the intent to offer the statement, including its substance and the declarant's name, before trial. The notice must afford a fair opportunity to meet the evidence even if some details are supplemented later.
A judge shall not investigate facts in a matter independently and must consider only the evidence presented and facts that may properly be judicially noticed. Independent investigation violates the rule and can require reversal.
The lawyer must take reasonable remedial measures, including disclosure to the tribunal if necessary. The lawyer may refuse to offer evidence the lawyer reasonably believes is false, except for a criminal defendant's testimony.
…distinct duty. In this case the appointment was made by the President by and with the advice and consent of the Senate and was evidenced by the commission itself. The commission is not necessarily the appointment though it is conclusive evidence of it. The appointment must be completely evidenced when it is shown the…