Why the right evidence, in the right way,
at the right time is essential for success in
litigation
A golden rule in litigation is: never make an allegation unless
you can prove it. However simple this concept may appear to be,
applying it in real cases is often a complex exercise. Getting it
wrong can have disastrous consequences. There are many cases where
litigants have failed to prove allegations which they were quite
confident would be proven, or appeared obvious.
Proving an alleged fact means different things in different
circumstances depending on what evidence is allowed to be used to
prove that fact, what standard of proof applies and whose job it is
to prove a particular fact. These are all technical legal issues.
However, whether, how and when you should use certain evidence are
as much strategic decisions as they are legal.
