Definition

The term “direct evidence” refers to evidence which proves a fact without inference or presumption.  For example, if a witness testifies that it was raining outside when she entered the liquor store, that testimony is direct evidence that it was raining (compare with similar example provided for “Circumstantial Evidence”).

Both direct and circumstantial evidence are acceptable types of evidence to prove or disprove the elements of a charge of cause of action and neither is entitled to any greater with than the other.

Legal Citations

California Evidence Code § 410.

“[D]irect evidence means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact.”

State v. Baker, 438 P.2d 978, 980 (Or. 1968).

“Direct evidence includes what is heard as well as what is seen; indeed, what is perceived by the senses.”

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