Types of Evidence
Most evidence in DALA hearings comes from oral testimony at the hearing and documents admitted into evidence.
Testimony – Statements made by a witness under oath, just like at a trial. When testifying, a witness will tell the magistrate what happened or what he or she knows.
Both parties to a case can ask witnesses to testify, and both parties get to ask the witnesses questions. If a witness testifies, he or she can be asked questions by each side, no matter who asked the witness to be there. The magistrate may also ask witnesses questions. A witness may agree to appear at the hearing voluntarily or may be required to appear through a subpoena. See the page Subpoenas in administrative proceedings.
If you are a party in a DALA case, you can also testify, and the other party can call you as a witness to testify.
Documents – Documents can also be used as evidence. Examples include papers (such as letters, printed emails, reports, medical records, invoices, contracts, and business records) as well as photographs, audio recordings, and videos.
Rulings on Evidence
When a magistrate issues a decision, they can rely only on evidence that is relevant to the case, reasonably reliable, and consistent with any other legal rules that apply. One of the magistrate’s responsibilities is to determine which evidence should be “admitted” (considered) and which evidence should be “excluded” (disregarded). The magistrate will make rulings admitting and excluding evidence before the hearing, at the hearing, or both.