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A claim or defense must be supported by admissible evidence. Many people are familiar with concepts from television like hearsay and relevance, which are covered by Rules of Evidence. Additionally, there are rules regarding expert testimony, and in some cases, experts may be required to testify. There’s also a rule often referred to as the “dead man statute,” which is a nickname for a rule of evidence governing the admissibility of testimony about what a deceased person has said. All of these factors need to be taken into consideration when determining what evidence will be presented at trial.
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The Woodlands, TX estates & probate attorney Steven C. Earl discusses the evidence required to support a claim or defense in estate litigation. He mentions that any claim or defense must be supported by admissible evidence. Many people are familiar with concepts popularized by television, such as hearsay and relevance, both of which are governed by the Rules of Evidence. Additionally, there are specific rules regarding expert testimony, and in certain cases, experts may be required to testify. He also notes the “dead man statute,” a rule of evidence that governs the admissibility of testimony concerning statements made by a deceased person. All of these considerations play a critical role in determining what evidence can be presented at trial.
