Evidence is anything that tends to prove or disprove a material or relevant fact alleged in a lawsuit or other legal proceeding. Witness testimony, documents, contracts, email messages, photographs, medical bills, video images, and voice recordings are common pieces of evidence.
In Delaware, as in other jurisdictions, evidence is crucial in legal proceedings to establish the truth of the matters in dispute. The Delaware Rules of Evidence govern the admissibility and use of evidence in court. These rules determine what evidence is relevant, meaning it has any tendency to make a fact more or less probable than it would be without the evidence, and whether that fact is of consequence in determining the action. Evidence can be direct or circumstantial and includes a variety of forms such as witness testimony, documents, emails, photographs, medical records, videos, and audio recordings. The rules also address the reliability and credibility of evidence, as well as the qualifications of witnesses and experts. In Delaware courts, evidence must not only be relevant but also not outweighed by factors such as the risk of unfair prejudice, confusion, or waste of time.