In determining whether an offered proof is evidence, the court must determine whether it is legally admissible, the factual credibility of the evidence is to be determined by the fact finder after hearing all the evidence. The court determines if the proofs meet the legal threshold of admissibility, not whether they are conclusive, credible, believable or true. Rules 104 and 1008, T.R.E . The most common form of evidence is oral statements of witnesses based on personal knowledge. Evidence can, in limited circumstance, be opinions of a witness.
Evidence can also be physical items, such as records, photos, recordings, and the like.
Demonstrative evidence is those proofs offered as demonstrations of the witness' recollections and perceptions. This includes physical demonstrations by the witness, drawings created during or before testimony, experiments, lists, items that are introduced that look like items observed by the witness or any other item that demonstrates other properly introduced evidence. The court in certain circumstances may take judicial notice of particular evidence. Checklist 71 Notes r 1. The rules of evidence apply in all trials before the court or a jury.