Preparing Your Evidence Before You Go to Court

Evidence can be defined as testimony, writings, material objects, or other things presented that are offered to prove the existence or nonexistence of a fact. Evidence is what is used at trial to prove the elements of your case or the elements of your defense.

The time to begin preparing your evidence is as close to the time the events (facts) occurred as possible that caused you to consider bringing your lawsuit or caused you to believe you would be sued.

Before you prepare your evidence to go to court, you need to analyze what evidence you will need. To do this you should analyze your case as follows:

• Determine each and every one of the elements necessary to prove your case or claim, or to prove the defenses to the case or claim brought against you;
• Determine the facts necessary to establish each element of your claim or defense; and
• Determine the evidence needed to prove each fact of your claim or defense.