Generally speaking, there are two forms of evidence -- direct and indirect. Direct evidence is eyewitness testimony. Indirect evidence is circumstantial, which means it calls a conclusion on the part of a jury or of a judge. Circumstantial evidence can be very persuasive: as Henry Thoreau said, if someone finds a trout swimming in a bucket of milk he can be persuaded that someone put the fish there because a trout does not get in a bucket of milk by itself. (Contrary to what many people believe, circumstantial evidence is not inferior to direct evidence.)

Although wrongfully or illegally obtained evidence may be excluded from criminal or quasi-criminal actions, such evidence may be admissibility in civil actions is based on the fact that the Fourth Amendment limits government conduct, not the conduct of private parties. However, while illegally obtained evidence is not inadmissible, some courts have limited its use under public policy grounds or as a sanction against an attorney’s alleged participation.

Evidence cannot be considered by a court unless it is rules of evidence.

In divorce actions, evidence might include custody evaluation reports, character testimony, the reports of forensic accountants.

The adultery may be considered, but only if the courts believe that it has adversely affected a child.

In general, the party has shown evidence of rehabilitation are less likely to have a detrimental effect on his or her position.

trial.

See Rules of Evidence; Trial.