There are four main types of evidence that are commonly brought to trial in Louisiana. These types of evidence include documentary evidence, demonstrative evidence, real evidence, and testimonial evidence. Each type of evidence plays a vital role in divorce court proceedings.
Documentary evidence is the kind of evidence that contains business records, contracts, and other legal items in which information is written down, or documented. Documentary evidence can include electronically stored data, such as in companies that operate exclusively through the use of electronics, like IT corporations. In the case of a divorce, it may include text messages.
Demonstrative evidence is evidence that both supports and creates the context in which other evidence can be brought to the divorce trial. This evidence may include photographs, x-rays or electronic recordings.
Real evidence is incredibly similar to the evidence you see presented in crime shows.
For something to be considered real evidence, it needs to be a three-dimensional object, such as strands of hair or a piece of jewelry. Regardless of what the real object is, it can be used to pursue a lawsuit. In most instances, real evidence is used to give the judge or jury an impression of what the case involves.
Testimonial evidence is the most straightforward type of evidence that the courts review. This type of evidence is not used at the beginning of the trial, nor is it used as a foundation for the rest of the evidence. Testimonial evidence does not require other evidence to support or legitimize it, either. Testimonial evidence is, as the name suggests, a statement brought forth by a witness or other person that can give a first-hand account of their perspective of the offense in question.
Let’s bring the TV shows back. One of the most common TV show crimes is murder. Testimonial evidence might be someone who either witnessed the murder or witnessed the victim hours before the murder occurred, giving a statement. Here, documentary evidence might not be used. However, for a murder case to hold any grounds, there needs to be substantial real evidence brought to trial. In the case of getting a divorce, the real evidence might include a neighbor witnessing cheating.
All three types of evidence are important in winning a case. If you need to present evidence in a divorce case, an attorney may be able to assist you.