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Evidence is material from which inferences may be drawn as the basis of proof. It includes anything offered at a trial or a hearing, whether admissible or not. Anything that tends to prove or disprove the existence of an alleged fact. Anything which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue. Some jurisdictions use a limited definition that excludes presumptions as evidence, but usually they operate as a substitute for evidence.
Not all evidence is admissible at trial.
The two main issues addressed by the rules of evidence are: (1) What materials should be admitted at trial; and (2) What use can be made of those materials admitted or ruled as admissible. There are two basic types of evidence. Direct evidence proves a proposition directly as opposed to proving the proposition by indirect or circumstantial evidence. Circumstantial evidence proves the proposition by inferences, and is evidence of a subsidiary or collateral fact from which other facts can be inferred. There are three forms of evidence: (1) Testimonial evidence; (2) Tangible evidence; and (3) Tangible-testimonial evidence. Testimonial evidence is oral testimony given by a witness under oath on the witness ...
