Chapter 1 - §1. What is considered evidence

• Jurisdiction: United States

§1. What is considered evidence

Although not explicitly stated by Evid. C. §350, for evidence to be relevant, it must be characterized as "evidence." Under the Evidence Code, evidence is defined as "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact." Evid. C. §140. Because of this broad definition, whether something introduced at trial is "evidence" under Evid. C. §140 is rarely subject to much debate. If material presented in court is not considered "evidence," then it cannot be relied on to support a verdict. See County of Alameda v. Moore (1st Dist.1995) 33 Cal.App.4th 1422, 1426, disapproved on other grounds, Elkins v. Superior Ct. (2007) 41 Cal.4th 1337. For example, questions and arguments of counsel are not considered evidence because they are not testimony (i.e., because they are not made under oath). See People v....