Evidence

• Evidence is something used at a civil or criminal trial as proof to support an assertion of fact made by one of the parties. Evidence can be in the form of witness testimony during the trial, such documentary evidence as medical records or corporate records, or such tangible objects as a weapon or bloody article of clothing. Not all evidence is admissible at trial.
  
  

Material Evidence

• Materiality has to do with the relationship between evidence and the issues raised at trial. If an issue is important to determination of the outcome of a case, the evidence offered to prove that issue is considered to be material. Relevant evidence used to prove or disprove an issue at trial is considered to be material evidence. Irrelevant evidence is inadmissible. Material evidence can be either direct or circumstantial.
  
  

Direct Evidence

• Direct evidence is evidence that if believed by a judge or jury establishes the proposition for which it is offered. Direct evidence comes from someone's personal observation or knowledge and can prove the issue at hand without any additional presumption or inference. Example of direct evidence would be a surveillance video of a person robbing a bank or a tape recorded confession by a suspect.
  
  

Circumstantial Evidence

• Circumstantial evidence requires a judge or jury to make an inference to establish the proposition that evidence is offered is proof of an assertion of fact. An example of circumstantial evidence is a witness testifying that he saw a person charged with murder standing over a body holding a bloody knife. This evidence would require a judge or jury to infer that the person holding the bloody knife committed the murder.
  
  

Irrelevant Evidence

• Evidence is put forth in a trial to prove an issue of fact and often the parties in a case have conflicting explanations of what the facts are. If evidence put forth does not offer support or proof on an issue in the trial, that evidence is deemed irrelevant and is thus inadmissible.