Indirect evidence
Evidence such as documents , inspections or testimony can either lead directly to the facts to be proven in a court or administrative procedure or through conclusions that are drawn based on experience about certain life processes. In the former case one speaks of direct, in the latter of indirect evidence or circumstantial evidence. Indirect evidence is the rule, if only because courts usually deal with past issues. For example, a documentary evidence for the conclusion of a contract is, viewed closely, merely indirect evidence of the earlier mutual expression of will of the parties.
Indirect evidence requires either an actual presumption or prima facie evidence .
Of circumstantial evidence is sometimes also only speaking when a single indicator is insufficient to the full conviction to justify the court, it can be but justified by the totality of the available evidence.
See also
- § 355 ZPO directness of taking evidence
