Clare Arthurs & Richard Marshall share an (almost) A-Z guide to civil evidence
Admissibility
Is the evidence admissible to the court? Your check list should contain privilege, admissions, illegally obtained evidence, self-incrimination…
Balance of probabilities
The civil standard of proof. More probable than not?
Cross-examination
Prepare your witnesses for the fact that the other side’s counsel is pursuing their own agenda. They are not seeking to explore every fact, but are usually seeking to elicit a certain response.
Discretion
The court has discretion to control the nature of evidence it receives, the issues on which and the way in which it receives evidence. It can also exclude admissible evidence and limit cross examination.
Evidential burden of proof
The obligation on a party to adduce sufficient evidence to enable the court to make a favourable finding on an issue.
Fact finding
What can you prove? The most important part of the process: keep asking questions until you are confident you have all the facts at your fingertips and know how to support
