Direct evidence is straightforward: It is a witness's testimony or a physical object.

A witness's testimony may be:

• What was seen, heard, smelled, tasted or felt.
• What was told to the witness.
• What the witness created.
• What the witness thinks.

Some testimony may be recorded before trial or, although live, may be brought into trial through technological means, such as closed-circuit or video television.

Direct evidence that is physical in nature can be an object retrieved from a location, a living person or a dead body. Direct physical evidence can be created outside of trial, such as:

• A crime scene photograph.
• A tire impression cast.
• Data from a testing instrument.

Direct physical evidence can also be created at the time of trial as an illustration, such as a child drawing or indicating the part of their body that was allegedly touched or injured.

Conversely, circumstantial evidence is indirect proof of a fact. Circumstantial evidence is information that can be relied on to infer the existence of another fact. Circumstantial evidence describes or defines parameters or situations from which a reliable conclusion may be drawn. Examples of circumstantial evidence are:

• Reports on weather conditions.
• Possession of recently stolen property.

For more on relevancy, see Pretrial Rules of Evidence, Relevance.

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