Defamation occurs when a person makes wrongful statement about you and as a result, your reputation is affected. This guide will brief you some about evidences, which you will require to collect for winning your lawsuit case.
Types of Evidences
The aim of evidences is to prove whether a particular fact is established or not. Either the evidences can be circumstantial or they can be direct.
- Direct Evidence
Here, the evidence supports the disputed fact without any intervening intrusion. For instance, if a witness testifies that he/she heard the wrongful statement, it would work as direct evidence.
- Circumstantial Evidence
This evidence has one or series of facts which if proven, will justify/prove other fact. In most of the defamation removal cases, circumstantial evidences are used to prove the fact.
Types of Evidences in Defamation Cases
Usually, there are four types of evidences in defamation cases.
- Testimonial Evidences
Testimonial evidences are written or oral proofs which attorneys offer in court. Usually, such evidences are presented by affirmation or oath. These evidences may include expert or lay witness testimony.
- Documentary Evidences
When evidence is presented at trial in writing or document form, it is called as a documentary evidence. For instance, a lawyer can present an email having the defamatory statement.
- Physical Evidences
Real or physical evidences are material objects introduced at trial. Such objects are palpable which means they can be touched, felt or seen.
- Demonstrative Evidences
This evidence represents or illustrates some other evidence which has already been presented at the lawsuit. For instance, a timeline demonstrating when the defamatory statements were made will be a case of demonstrative evidence.
It is an evidence that illustrates or represents other facts, which are introduced at trial. For instance, a screen shot of timeline showing the exact date and time when the defamatory statements were made would be a demonstrative evidence.
Sources of Evidence
Evidences serve as the most important part of a lawsuit. It is important that the lawyer you’re choosing for your defamation case has enough knowledge of defamation removal law.
In recent, when attorney Aaron Minc interviewed Cleveland News 5, Aaron Minc focused on the importance of evidences in a defamation case. Following section will brief you about the possible sources of evidence in a defamation case.
It is important for you to collect a checklist of witnesses who can testify that they read or heard the defamatory statement. These witnesses can be anyone i.e some third party or public. However, it is important that the information provided by them is verified.
In case, the wrongful statement was made by the defendant in writing like in a newspaper or magazine, online through a website, blog or email, don’t forget to save a copy for reference. You should also try collecting paystubs, receipts and other documents for supporting your claim. Documents can serve as valuable evidences. Therefore, make sure that you don’t miss out on any documentary evidence related to your case.
Hope this guide will help you to collect evidences for your defamation case.