Define: Evidentiary Fact

An evidentiary fact is a piece of information or evidence that is presented in a legal proceeding to support or prove a claim or argument.

A legal fact is a fact that is established by law, such as the age of consent or the legal drinking age. An evidentiary fact, on the other hand, is a fact that is relevant to a specific case and is used to support or prove a legal argument.

Evidentiary facts can include documents, witness testimony, expert opinions, photographs, videos, or any other form of evidence that is relevant to the case and can help prove or disprove a claim.

The admissibility of a fact as evidence depends on various factors, including relevance, authenticity, reliability, and whether it meets the requirements set forth by the rules of evidence in your jurisdiction. It is best to consult with an attorney to determine if a specific fact is admissible in your case.

Hearsay evidence is generally not admissible as an evidentiary fact unless it falls within an exception to the hearsay rule. Exceptions may include statements made by a party opponent, dying declarations, or statements made for medical diagnosis or treatment. However, the admissibility of hearsay evidence can vary depending on the jurisdiction and the specific circumstances of the case.

Yes, social media posts can be used as evidentiary facts if they are relevant to the case and meet the requirements for admissibility. However, it is important to ensure the authenticity of the posts and consider any privacy concerns or potential objections from the opposing party.

If a fact is deemed inadmissible as evidence, it means that it cannot be presented or considered by the court in making its decision. It is important to have alternative evidence or arguments to support your case in such situations.

Yes, you can challenge the admissibility of a fact presented by the opposing party. This can be done by filing a motion to exclude the evidence or by objecting during the trial. The court will then evaluate the admissibility of the fact based on the applicable rules of evidence.

In general, new evidentiary facts should be presented during the pre-trial discovery phase. However, there may be circumstances where new evidence becomes available during the trial. In such cases, you may need to seek permission from the court to introduce the new evidence.

Evidentiary facts are crucial in a legal case as they provide the basis for proving or disproving claims. The strength and admissibility of the evidentiary facts can significantly impact the outcome of the case. It is essential to gather and present relevant and admissible evidence to support your legal arguments.