Many self-represented litigants struggle to get the outcome they want because they fail to present their evidence well. Evidence is defined as “the facts used to support a conclusion”. In legal matters, there are two types of evidence:

• Documents – This can be any physical or electronic record that provides information. ( for example: contracts, receipts, emails, pictures, videos);
• Oral Evidence – This is what a person says while under oath in court (for example, by a witness or a party.

Evidence should support your claim and help the judge make the decision to agree with your order.

Steps of dealing with document evidence:

• Gather – Collect all the documents you have that might be relevant to your case. (for example: receipts, assessments, emails, medical records)
• Organize – You need a system for sorting all of your document evidence. It will be helpful to have a series of containers to hold the document evidence. Some people use envelopes, file folders, boxes, and/or filing cabinets. The key is to have a system that will help keep you organized.

Sort your documents according to the issues. Create separate files for each issue. As you gather document evidence, you will find it helpful to create sub-categories for some of the key issues. Whatever works for you – have a system and stick to it.

• Assess – Consider each document. Is it really helping your case? How? Be specific. Judges don’t like reading through stacks of irrelevant information. They don’t want “dirty laundry” stories about your former spouse. Include relevant evidence that supports the point you are trying to prove. Use the Evidence Inventory Worksheet to help you present evidence well.

Witnesses 

You and the other party may bring witnesses to court to help prove your case. Witnesses will need to answer questions asked by both parties and the judge. When you call a witness to court you will get to ask questions first. A witness cannot lie when they answer. If they do, there may be serious penalties, such as a fine or jail time.

Who to call as a witness?

A witness should be able to help establish the facts you’re trying to prove.  If you have documents you want to present to the court, you may need to have a witness explain them or verify their authenticity. Witnesses can also give evidence on things they heard or saw. For example, if your neighbour told you about seeing a fire in your backyard, you could have your neighbour provide this information in court.

It is important that the witnesses you choose are credible, articulate, and sincere. You can’t tell your witnesses what to say. But it is helpful to review with the questions that you will ask and the information they will provide. It is also helpful to consider what questions the other party or the judge may ask.

Last reviewed: March 2016