There is no better time to write a blog about evidence when I’m currently going into a second day of a Trial where the Plaintiff has pled a plethora of allegations that they have not substantiated by evidence!
Obviously, the key to success at trial is having the right evidence to prove your case, while the lack of evidence is not so much.
Evidence proves or disproves allegations made by a party, allowing the Judge to make a decision based upon the evidence rather than speculation or inference on an issue.
In our case, the Plaintiff’s “evidence” has been a whole lot of hearsay, or what they “believed” to have happened: basically, creating conspiracy theories that everyone was out to get them, and they are an innocent party, and are not responsible for the damages they claim against our client.
Usually in Small Claims Court, the types of evidence you see at trial are oral testimony, the occasional expert witness and documentary evidence.
Oral testimony is provided by a witness who is subject to cross-examination, which tests their credibility.
Expert witnesses are usually in the form of a report, which is based upon the opinion of a qualified professional (the Expert witness) who then testifies to their opinion, which assists the Judge in understanding a specific issue.
Documentary evidence includes but is not limited to photographs, correspondence, invoices or contracts.
For any type of evidence to be considered at Trial, it must be relevant to either prove or disprove an allegation made by a party. Ultimately, the Deputy Judge determines the credibility of the evidence and what weight it should be given when making their decision.
Evidence isn’t what you believe or feel, but what you can show to prove what you believe. Without evidence, the likelihood of success is unlikely.