What are the rules of evidence in civil procedure?

The rules of evidence in civil procedure are guidelines used to decide what information can be presented in court. In Arkansas, the rules of evidence are based on the Arkansas Rules of Evidence (ARE). These rules govern what evidence is admissible in civil proceedings, including testimony, documents, tangible objects, and scientific evidence. The main rule is that all evidence considered by a court must be relevant to the case at hand. Relevant evidence typically includes evidence that has a logical connection to a fact in issue and is offered to prove that the fact is more likely true than false. Evidence may be excluded if it is deemed unreliable, or if admitting it would be more prejudicial than probative. Under the ARE, the court must also determine the authenticity, accuracy, and admissibility of evidence presented. The court must balance the probative value of any evidence against the possibility of unfair prejudice to any party. The court also decides if hearsay evidence is admissible. Hearsay is defined as an out-of-court statement offered in court in order to prove the truth of the matter asserted. If a witness does not testify in court, the court may consider other forms of evidence, such as reports from past cases, expert testimony, and hypothetical questions. The court may even consider circumstantial evidence in certain cases, as long as it is found to be both relevant and reliable. Overall, the rules of evidence in civil procedure allow the court to consider all kinds of relevant evidence when making a decision. However, the court must also be mindful of which evidence it should and should not admit, so as not to prejudice any of the parties involved.

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