Legal Definitions - personal evidence

Personal evidence refers to information presented in a legal proceeding directly by a person, typically a witness, under oath or affirmation. This type of evidence is based on the witness's own observations, experiences, or knowledge, rather than physical objects or documents. It is often synonymous with "testimony."

Here are some examples to illustrate:

• Imagine a criminal trial where an individual testifies that they personally witnessed the defendant fleeing the scene of a robbery. They describe the defendant's clothing, the direction they ran, and the time of day. This is personal evidence because the witness is providing information based on their direct visual observation of the event, recounting what they saw with their own eyes.

• Consider a civil lawsuit concerning a breach of contract. One of the parties involved takes the stand and explains a specific conversation they had with the other party, detailing the verbal promises made regarding the quality of goods to be delivered. This constitutes personal evidence as the party is recounting their direct experience of a conversation, which is crucial to establishing the terms of the agreement.

• In a family court hearing regarding child custody, a child psychologist might testify about their direct interactions with a child, describing the child's emotional state, their expressed preferences, and the psychologist's professional observations of the child's behavior during therapy sessions. This is personal evidence because the psychologist is providing information based on their direct professional experience and observations of the child.