Proof is the effect of evidence; the establishment of a fact by evidence.

Explanation

(English-origin maxim.) Proof is not the evidence itself but the conclusion the evidence establishes; counsel should distinguish between offering evidence and actually proving the fact at issue.

Where this applies

• A prosecutor presents ten witness statements and three documents but the jury still isn't convinced the defendant committed the crime — the evidence was offered, but proof (the conclusion the evidence is supposed to produce) was never achieved.
• A party submits a stack of financial records to show damages, but the records are so disorganized that the judge can't determine the actual loss — the evidence exists, but proof hasn't been established.
• A lawyer introduces a signed contract into evidence, and that single document is enough to prove the agreement existed — here the evidence directly produces the proof.