Q: What is substantive evidence and what is the example of it?

A: Substantive evidence: Evidence that is relevant and material and addresses the elements of a cause of action or defense.

A: In California, substantive evidence is evidence that is relevant and material to the issues in a legal case, and that tends to prove or disprove a fact in dispute. Substantive evidence is used to establish the elements of a cause of action or defense, and it can be presented through various means such as testimony, documents, physical objects, or expert opinions.

Examples of substantive evidence in California might include:

Witness testimony: A witness who testifies about events or facts that are relevant to the case can be considered substantive evidence.

Documents: Any document that is relevant to the case and that tends to prove or disprove a fact in dispute can be considered substantive evidence. This might include contracts, medical records, or financial statements.

Physical evidence: Physical objects that are relevant to the case, such as weapons, drugs, or damaged property, can be considered substantive evidence.

Expert testimony: Expert opinions that are relevant to the case and that help to establish or refute a fact in dispute can be considered substantive evidence.

It's important to note that the admissibility of substantive evidence in a legal case may be subject to various rules of evidence and legal standards, and may depend on the specific circumstances of the case.