Evidence is information that exists in physical or digital form—such as written agreements and e-mail communications—as well as testimony from witnesses who have personal knowledge of facts relevant to a dispute. Evidence generally must be relevant to be admitted in court and considered by the factfinder (judge or jury) in resolving a lawsuit. And some forms of evidence, such as expert witness testimony, must be shown to be sufficiently reliable (as determined by the judge) to be admitted in evidence.
In Florida, evidence is governed by the Florida Evidence Code, which aligns with the Federal Rules of Evidence in many respects. Evidence must be relevant to the issues in a legal dispute to be admissible in court, meaning it must make a fact more or less probable than it would be without the evidence and the fact must be of consequence in determining the action. Physical evidence, digital records, and witness testimony are all forms of evidence that can be used in Florida courts. Expert witness testimony is subject to a reliability standard, which is determined by the judge. The expert's methodology must be scientifically valid and applicable to the facts of the case. Florida follows the Daubert standard, which requires that expert testimony be based on sufficient facts or data, be the product of reliable principles and methods, and that the expert has applied the principles and methods reliably to the facts of the case. This standard is used to assess whether expert testimony should be considered by the factfinder, which can be either a judge or a jury.