Evidence

What evidence means

Put simply, evidence is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where evidence comes up

For example, the term appears in these procedures:

• Motion in Limine (Court's authority to manage trials; see Luce v. United States, 469 U.S. 38 (1984)): a pretrial motion asking the court to rule in advance on whether particular evidence may be used at trial.

How to research the term

Start with the primary source. For example, if evidence appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read evidence in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Motion in limine: a motion asking the court to decide before trial whether particular evidence may be used.
• Relevant evidence: under Federal Rule of Evidence 401, evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in determining the action.
• Hearsay: under Federal Rule of Evidence 801(c), a statement the declarant does not make while testifying at the current trial or hearing, offered to prove the truth of the matter asserted. Many exceptions and exclusions exist.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.