Legal Definitions - in evidence

The legal term in evidence refers to any item, document, or testimony that has been formally accepted by a court or tribunal as part of the official record of a case. Once something is "in evidence," it means the judge or jury is permitted to consider it when making their decision.

Here are some examples to illustrate this concept:

• Imagine a personal injury lawsuit where a plaintiff claims they slipped on a wet floor. The plaintiff's lawyer presents a security camera video showing the incident. After the defense attorney has a chance to object and the judge rules that the video is authentic and relevant, the video is then considered in evidence. This means the jury can now watch and consider the video footage as they deliberate on whether the property owner was negligent.

• In a criminal trial for fraud, the prosecution introduces several bank statements and emails as proof of the defendant's deceptive financial transactions. The judge reviews these documents to ensure they were obtained legally and are relevant to the charges. Once the judge admits them, these bank statements and emails are officially in evidence, allowing the jury to examine them as they determine the defendant's guilt or innocence.

• Consider a child custody dispute where one parent alleges the other has an unstable living situation. A social worker's report, detailing observations from a home visit, is presented to the court. After both parents' lawyers have had an opportunity to question the social worker and the judge accepts the report as reliable, it becomes in evidence. The judge can then use the information in this report to help make a decision that is in the best interest of the child.