Legal Definitions - evidence code

An evidence code is a comprehensive set of official rules and laws that dictate what information, documents, and testimony can be presented and considered by a judge or jury during a legal proceeding, such as a trial or hearing. These rules are designed to ensure that only reliable, relevant, and fair information is used to make legal decisions.

Here are some examples illustrating how an evidence code applies:

• Criminal Trial and Hearsay: Imagine a criminal trial where a witness attempts to testify that their neighbor told them they saw the defendant commit the crime. The defense attorney would likely object, citing the evidence code's rules against hearsay. The evidence code generally prevents a witness from repeating an out-of-court statement made by someone else to prove the truth of what was said, because the original speaker is not under oath and cannot be cross-examined. The evidence code dictates that this type of testimony is usually inadmissible to ensure fairness and reliability.

• Civil Personal Injury Lawsuit and Relevance: In a civil lawsuit where a plaintiff is suing a restaurant for a slip-and-fall injury, the restaurant's lawyer tries to introduce evidence that the plaintiff had a history of speeding tickets from five years ago. The plaintiff's attorney would object, arguing that this information is irrelevant. The evidence code includes rules about relevance, which would likely prevent the speeding ticket history from being presented because it has no bearing on whether the restaurant was negligent in maintaining its premises or whether the fall caused the alleged injuries. The evidence code ensures that only pertinent information is considered by the jury.

• Contract Dispute and the Best Evidence Rule: Consider a business dispute over the specific terms of a written contract. One party attempts to present a blurry, incomplete photocopy of the contract as proof of a crucial clause, even though the original, fully executed document is readily available in their office. The opposing attorney would likely object, invoking a rule from the evidence code often called the "best evidence rule" or "original document rule." This rule generally requires that the original document be presented when its contents are at issue, rather than a copy or secondary evidence, unless the original is lost or destroyed. The evidence code, through this rule, ensures the most reliable form of evidence is used to determine the contract's true terms.