I am the plaintiff and what kind of evidence do I have to have in order to prove my case in a civil lawsuit?

Question

I am the plaintiff and what kind of evidence do I have to have in order to prove my case in a civil lawsuit?

Answer 1

It depends on the case. If it is a breach of contract case, you have to prove the elements neccessary to form a contract, and that the other party breached. If it is a negligence case, you need to prove that the defendant had a duty, breached that duty, was the factual and proximate cause of your injury, and as a result, you suffered damages, backed up by the evidence that proves those elements.  If you don't they will 12(b)6 you before you ever get to present any evidence. In plain English, that's a motion to dismiss for no cause of action.

Get a lawyer. The rules of evidence are extremely complex. It's not as simple as they make it look on tv shows. If this is a small claims matter, you can get a paralegal help you with the paperwork but then you're on your own in court.

This is just general discussion, for legal advice, consult an attorney licensed in the proper jurisdiction.

Good luck.

Answer 2

you dont have to prove beyond a reasonable doubt like in a criminal case. but you do have to prove that more likely than not you are right. Like more than 50%. you should bring in all documentation proving your case and it doesnt hurt to have a little extra.  

Answer 3

Gosh thanks for giving so many details....Let's see how to prove a case in court...documents, photos and witnesses.

Answer 4

Details are necessary to assess this question. Usually you will need documents, contracts signed, receipts or whatever was involved in the suit.