Document Type
Working Paper
Publication Date
1-24-2018
SSRN Discipline
Legal Scholarship Network; Law School Research Papers - Legal Studies; Litigation, Procedure & Dispute Resolution eJournals; Corporate Governance Network; Law & Society eJournals; Law & Society: Public Law eJournals; LSN Subject Matter eJournals; Management Research Network
Abstract
The significance of evidence for trials tends to overshadow the important roles played by evidence throughout other litigation stages and indeed throughout the law This article prepared for a symposium in The Review of Litigation discusses the significance of evidence and evidentiary considerations for nontrial legal issues Part I unpacks the different ways in which evidence may be important and different senses of "evidence" rules doctrine exhibits and testimony the process of proof facts evidence courses and evidence scholarship and it discusses the roles that these categories play throughout the litigation process Parts II and III focus in detail on the contexts of summary judgment and pleadings explaining how these pretrial issues are informed by the process of proof and the legal rules that structure this process Part IV briefly discusses the importance of evidence outside of litigation
Recommended Citation
Michael S. Pardo,
Some Remarks on the Importance of Evidence Outside Trials,
(2018).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/304