What is the similar fact evidence rule?

In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue.

What does the term similar fact evidence mean?

In essence, similar fact evidence is a concept whereby evidence of prior acts is used to prove or otherwise strengthen the argument that a given loss occurred in the same way.

What can be considered evidence in a civil trial?

Definition of Evidence Evidence — crucial in both civil and criminal proceedings — may include blood or hair samples, video surveillance recordings, or witness testimony. Additionally, evidence may be thrown out if the integrity of its handling (“chain of custody”) is in doubt.

Is similar fact evidence admissible?

Similar Fact Evidence (SFE) is a form of character evidence that relates to “extrinsic misconduct by an accused” and is presumed inadmissible. This form of evidence is admissible to show “that persons tend to act in a manner consistent with their character”.

How does similar fact evidence work in a civil case?

There the House identified a two stage process, holding that the test of admissibility of similar fact evidence in a civil case is one of relevance only; if that test is satisfied the court will consider whether the evidence should be admitted, as a matter of case management. “ 3 Any evidence, to be admissible, must be relevant.

Can a similar fact be admissible in a civil case?

He ruled that it was potentially admissible on the similar fact principle although whether that was indeed the case would have to be examined at the end of the trial. Somewhat frustratingly, for current purposes, the Recorder’s conclusion on this issue is not discussed. However it is clear that the evidence was considered and admitted.

When does the prosecution admit similar fact evidence?

Admission of similar fact evidence requires that the prosecution identify the material issue to which the evidence is said to relate.1 In some cases, the prosecution will wish to admit such evidence to rebut a defence that might be open to the defendant.

When is similar fact evidence presumptively inadmissible?

Similar fact evidence is “presumptively inadmissible. The onus is on the prosecution to satisfy the trial judge on the balance of probabilities that in the context of the particular case the probative value of the evidence in relation to a particular issue outweighs its potential prejudice and thereby justifies its reception.”