The courtroom behavior of nonwitnesses and events in the courtroom not arranged or introduced by trial counsel are not evidence even if such behavior or events occur in the presence of the trier of fact.

Wiener v. Farm Credit Bank of St. Louis, 759 F. Supp. 510, 521 (E.D. Ark. 1991) (holding, in plaintiff optionees' action against defendant bank for specific performance of real estate contracts, that evidence of telephone conversation....Although settlement negotiations and offers are inadmissible (i) to show the validity or invalidity of a claim when validity is in dispute, (ii) to show the amount of damages when the amount is in dispute, or (iii) to impeach by showing a prior inconsistent statement or specific contradiction, settlement evidence is admissible to show that a party had knowledge or notice of a fact.

Cf. United States v. $125,938.62 Proceeds of Certificates of Deposit, 537 F.3d 1287, 1292 (11th Cir. 2008) (holding, in government's civil forfeiture action involving funds stolen from the Nicaraguan treasury, that evidence of Nicaraguan President's judgment of....An exception to the hearsay rule applies to the following records of government offices and agencies: (A) public records that set forth the activities of the government office or agency; (B) public records that set forth observations that a government office or agency was required to make and report but this exception does not apply in criminal cases to observations of police officers and other law enforcement personnel; or (C) in civil actions and proceedings and in criminal cases when offered against the government, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate the untrustworthiness of such findings.

United States v. Safavian, 435 F. Supp. 2d 36, 40 (D.D.C. 2006) (upholding trial court's admission of e-mails which were not clearly identifiable on their own because "[they could] be authenticated under Rule 901(b)(3),....An e-mail message may be authenticated under Federal Rule of Evidence 901 if there is sufficient evidence to show that the e-mail message appears to be a reply to a message previously sent to the author of the apparent reply e-mail message.