Compilation and Presentation of Evidence

September 27, 2023

Evidence is how you or the opposing party can prove or refute the facts in your case.

When presenting evidence in a trial, it’s essential to consider a series of recommendations to avoid problems in the final stages of the case, states our Head of Litigation and Arbitration Department, Rubén Rivas.

“The compilation of evidence involves the search, acquisition, and organization of documents, records, witness testimonies, experts, and any other means of proof that may be relevant to the case. This process may include research, requesting documents from third parties, conducting interviews with witnesses, and obtaining expert reports,” says Rivas.

Our associate attorney lists the steps for compiling and presenting evidence:

Know the rules of evidence: Familiarize yourself with the specific rules and procedures governing the presentation of evidence in the court where the trial takes place. This includes knowing the objections that can be raised, authenticity requirements, and admissibility standards.

Gather relevant and credible evidence: Identify and carefully gather evidence that supports your case. Ensure that it is relevant to the issues in dispute and credible. This may include documents, records, witness testimonies, photographs, or other means of proof.

Prepare and organize your evidence: Organize your evidence clearly and systematically to facilitate its presentation at the trial. Use labels, indexes, or folders to keep it orderly and accessible. Additionally, prepare additional copies of relevant documents to share with the court, attorneys, and involved parties.

Obtain affidavits or testimonies: If you have relevant witnesses, make sure to obtain their affidavits or written testimonies in advance. This will allow you to present their testimonies consistently and coherently during the trial.

Consult experts: If the evidence requires specialized knowledge, consider consulting experts in the relevant field. These experts can provide opinions and technical analysis that support your case and help interpret the evidence more accurately.

Be clear and concise when presenting evidence: When presenting evidence during the trial, be clear, concise, and focused on key points. Avoid digressions or irrelevant details that may distract or confuse the court. Use charts, images, or audiovisual media if necessary to enhance the understanding of the evidence.

Maintain objectivity: When presenting evidence, avoid manipulating or distorting it to support your position. Evidence should be presented objectively and honestly, allowing the court to assess its weight and credibility.

Prepare your witnesses: If you have witnesses who will testify during the trial, make sure to prepare them adequately. Review relevant facts with them, the questions they will be asked, and potential objections. This will help ensure that they provide clear and coherent testimonies.

Respect the court’s rules: During the presentation of evidence, follow the judge’s instructions and adhere to procedural rules. Avoid unnecessary interruptions, do not interrupt opposing attorneys, and maintain a respectful tone at all times.

Work closely with your attorney: Collaborate closely with your attorney in the preparation and presentation of evidence. Trust their expertise and follow their advice on how to present your case more effectively.

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