Evidence Strategy is dependent on which factors?

• A. Circumstances
• B. Case strategy
• C. All of the above
• D. Attorney

Answer: (C)

Evidence strategy is shaped by three interacting factors: the circumstances of the case, the overall case strategy, and the attorney handling the matter. The circumstances establish what actually happened and what needs to be proven or refuted, which directly influences which evidence is relevant and what evidentiary hurdles may apply. The case strategy outlines the aims and the approach for presenting or challenging evidence, guiding decisions about which witnesses to call, which documents to pursue, and which motions or objections to use. The attorney’s approach, experience, and decisions determine how those plans are executed in practice—what is pursued, how aggressively objections are raised, and how evidence is presented to the fact finder. Because these elements continually interact, all of them shape the evidence strategy. Focusing on only the facts or only the strategy or only the attorney would miss essential influences on how evidence should be handled.