10 STEPS FOR PRESENTING EVIDENCE IN COURT
NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES
Select the
evidence that a
judge can rely on.
05
Some evidence is better
than other evidence. As you
review your list of potential
evidence, select the
information that is the most trustworthy
(“reliable”).
Judges want to hear testimony from
people with first-hand knowledge –
witnesses who actually saw and heard
important events. For example, if you are
proving that you were abused, testimony
from someone who saw the abuse
happen will be more convincing than
stories from someone who wasn’t there
and only heard about the abuse later.
Witnesses (including you) should explain
that they saw, heard, and experienced
what you are trying to show. (Note that
if you plan to ask a child to testify, you
should check on the special rules that
may apply to their testimony.)
Judges also need to know that papers
and objects (called “exhibits”) are
genuine – that they are what they appear
to be and are not made up. Courts have
special procedures for this that are
discussed in the next section.
5
Review how to
present exhibits in
court.
06
Before a judge allows
(“admits”) your exhibits into
the court record, you will
have to explain why they are
reliable and worth considering. Courts
have rules designed to help you do
this, and if you follow them, the judge is
more likely to look at and believe your
information. (If you don’t follow the steps
for an exhibit, the judge will not use it
when deciding your case.)
Appendix B contains some examples
of how to show that your exhibits
are reliable. It includes instructions
for presenting photographs, email
messages, text messages, websites or
social media, voicemail recordings,
video recordings, handwritten notes or
letters, objects, and records. Courts have
different rules about how exhibits are
presented and you should check on the
way it’s done in your court.
Planning ahead is key, and that’s why
you need to understand how to handle
exhibits before you select and gather
them. You may have to spend time
and money obtaining exhibits in the
right form, and this could influence
your decisions about which ones to