Where’s the Evidence?

perry masonThe last thing any attorney or paralegal wants to be asking on the eve of trial is “Where’s the evidence?”

During the pendency of the case, from the day it first comes in and throughout discovery, the attorney and paralegal should be working together to determine what evidence is available and necessary to prove the case.

The ultimate determination of what evidence may be presented at time of trial is made by the Judge.  Only that which is sufficiently pertinent and trustworthy to be received by the jury is allowed.

Evidence must be:

  •  Relevant
  • Reliable
  • Real

Relevant means it must prove or disprove something in issue.

Reliable means that it must be first-hand or otherwise trustworthy information.

Real means that the information must be what it purports to be; it must be authentic.

These are terms and concepts with which a paralegal should be familiar.

Published in: on February 4, 2013 at 8:21 am  Leave a Comment  
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