evidentiary fact

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An evidentiary fact is a predicate fact that makes other facts more probable (i.e., makes certain statements more or less likely to be true). When viewed together at trial, evidentiary facts serve as a basis for concluding whether the ultimate fact has been proven with the required degree of certainty. An ultimate fact or material fact is typically supported secondarily by an evidentiary fact.

[Last updated in November of 2022 by the Wex Definitions Team