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 New Mexico, evidence is crucial for resolving disputes in court and must be relevant to the issues at hand to be admissible. This includes both physical and digital evidence, such as written contracts and email communications, as well as witness testimony from individuals with direct knowledge of the facts. The relevance of evidence is determined by whether it makes a fact more or less probable than it would be without the evidence and whether that fact is of consequence in determining the action. Expert witness testimony, which is often used to clarify complex issues for the factfinder, must meet a reliability standard before it can be admitted. This reliability is assessed by the judge, who considers factors such as the expert's qualifications, the methodology used, and the relevance of the expert's testimony to the case. New Mexico courts follow rules similar to the Federal Rules of Evidence, which provide a framework for determining the admissibility of evidence and are designed to ensure that the evidence presented is both reliable and pertinent to the case being heard.