Rules of evidence govern if, when, how, and for what purpose proof of a case is placed before a trier of fact for consideration.

In the judicial system of the United States, the trier of fact may be a judge or a jury depending on the purpose of the trial, and the choices of the parties.

The rules of evidence have been developed over the last thousand years and are based upon the rules from English Common Law brought to the new world by early settlers. Their intent is to be fair to both parties, disallowing emotionally charged allegations to be brought up without a basis in provable fact. They have gotten poor press as a Legal technicality, but are an important part of the system.

Prevailing in court requires a very good understanding of the rules of evidence in your particular venue. The rules vary depending upon whether you are in criminal court, civil court or family court, and they vary by jurisdiction. One reason to have a lawyer, among others, is that he is familiar with these rules of evidence. If you were allowed to simply tell the judge what you know to be the truth, and how you found out about it, you might prevail. However, you may not be allowed to tell your story the way you want to within the rules of evidence.

Some important rules involve Relevancy , Privilege, Witnesses, Opinions, Expert Testimony, Hearsay, Authentication, Identification and rules of Physical Evidence .

External links

http://www.law.cornell.edu/rules/fre/overview.html - Federal Rules of Evidence