I receive several calls each weeks from people who visit my web site. asking how they can prove their cases. What is evidence and what do they need to do. There are many ways to prove the facts necessary to establish your claim or your defense. Facts can be proven by eyewitnesses, who can be either or both friendly and/or adversarial/adverse witnesses. Facts may be proven through real and demonstrative evidence, tangible articles, photographs, models, maps, drawings, documents, or opinions of experts. Under certain circumstances facts may be established thru the opinions of non -experts and by the use of out of court statement. These out of court statements must qualify as hearsay exceptions. In some instances a fact may be admitted in pleadings or even in situations where an adverse party admits the fact in discovery by deposition testimony or admission or failure to deny in a request for admission under Maryland Rule 2-424. Facts may be proven by circumstantial evidence provided the evidence to establish the facts is not conjecture or speculation. The ability to see the relevant facts of a case coupled with the knowledge of how to secure the introduction of the facts into evidence is essential to proof of any case in court. Many attorney's create a formula for presentation. It consist of pre outlined time schedules for issuing subpoenas, securing witnesses under subpoena, issuance of discovery, seeking stipulations and identifying and securing expert witness testimony.
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