What are the rules of evidence in civil procedure?
In Delaware, the rules of evidence in civil procedure outline what types of evidence can be presented in court. This includes both direct and circumstantial evidence, which are pieces of evidence that can be used to prove facts in a case. Examples of direct evidence include witnesses who can testify to a fact or a person’s personal experience, physical evidence like photographs or objects, and documents like contracts, diaries, or accounts. Circumstantial evidence is evidence that does not directly prove a fact, but can be used to support or refute an argument. This type of evidence includes things like expert opinion and scientific studies. In Delaware, all evidence must be competent, relevant, and material in order to be admitted. Competent evidence is evidence that meets the legal standard of what is admissible; relevant evidence is evidence that is related to the case in some way, and material evidence is evidence that is important to the case. Additionally, Delaware recognizes the rules of hearsay evidence, which is evidence provided by a witness who is not present in court. This type of evidence should not generally be admitted as it is unreliable, but there are certain exceptions where hearsay is allowed as evidence. Lastly, Delaware recognizes the rules of privilege, which protect certain types of evidence from being used in court, such as attorney-client privilege.
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