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 Illinois, evidence is regulated by both state statutes and rules of court, particularly the Illinois Rules of Evidence. These rules determine what evidence is admissible in a court of law. Evidence must be relevant to the issues in the case, meaning it must have any tendency to make a fact more or less probable than it would be without the evidence. The types of evidence mentioned, such as witness testimony, documents, and electronic communications, can all be admissible if they are relevant and not excluded by other rules, such as those regarding hearsay, privilege, or authenticity. The Illinois Rules of Evidence also require that evidence not be overly prejudicial, meaning that its probative value is not substantially outweighed by the risk of unfair prejudice, confusion of the issues, or misleading the jury. In addition to the state rules, federal laws and regulations may apply to evidence in federal cases or in specific areas of law, such as electronic communications, which are governed by the Federal Rules of Evidence and statutes like the Electronic Communications Privacy Act.