Direct Evidence

February 25, 2023

The facts at issue may be established through direct evidence or through circumstantial or hearsay indirect evidence. In two different contexts, the term “direct evidence” is used: (a) as an alternative to “hearsay” evidence and (b) as an alternative to circumstantial evidence. Direct evidence, in the first meaning, is proof of a truth actually observed by a witness using his or her own senses or proof of a belief actually held by the witness. It is proof of what the witness personally witnessed or learned through his senses. The production of an original document is also included. The term “direct evidence” is used in Section 60 in contrast to “hearsay evidence.” In the second definition, direct evidence refers to any fact that, by itself, might establish the claimed truth. Direct evidence, such as an eyewitness to a murder, is that which speaks directly to the issue at hand and establishes it, if accepted, without the use of inference, assumption, or deductive reasoning.

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