The Rules to Follow for Witnesses and Other Evidence

Learn about the rules to follow for witnesses and other evidence. Evidence is information a party may show the court to prove his or her case. There are rules to follow to submit evidence to the court. Many are hard to understand. You can visit a Court Help Center to learn about the process, but Help Center staff can’t help you prepare your case. There are also several resources that can help you in the process.

Evidence can be from people or things:

1. Using People as Evidence

The people who can give evidence in a case include any party in the case, people who know things important and connected to the case, people who keep records that are important to the case and people who are experts on a question important in the case. Any of these people can be a witness in the case. Both sides have witnesses come to the trial to answer questions in front of the judge or jury. This is called testifying. If a witness won’t agree to come to court, the witness can be made to come by serving a subpoena.

Medical and dental malpractice cases must have a medical professional expert witness to testify. An expert witness can charge you a fee for coming to court. An expert witness can’t be subpoenaed. A signed and notarized statement can’t be used in place of live testimony.

2. Using Things as Evidence: Exhibits

Things can be used as evidence to prove a case, like pictures, police, medical, and school records and any other documents, like contracts, leases, bills or objects. All public documents must have proof from the public agency that the documents are true copies of the agency’s records. This is called a certified copy. When things are submitted to the court they are called exhibits.

Subpoenas

If you want someone testify in Court or produce documents, you will need to visit the Clerk’s Office in your court to issue a subpoena for your court case. Attorneys can also issue subpoenas. There are several different types of subpoenas that can be issued depending on what Court you are in, including subpoenas to attend, attend and produce, or only produce documents.