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 Missouri, evidence is regulated by both state statutes and the Missouri Rules of Evidence, which are similar to the Federal Rules of Evidence. Evidence must be relevant to be admissible in a legal proceeding, meaning it should have any tendency to 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. Common forms of evidence include witness testimony, documents, contracts, email messages, photographs, medical bills, video recordings, and voice recordings. The admissibility of such evidence is subject to various rules regarding authenticity, reliability, and the absence of hearsay, unless an exception or exclusion applies. Additionally, evidence must not be overly prejudicial, confusing, or a waste of time in relation to its probative value. In Missouri, the courts have discretion in determining what evidence is admissible, guided by these rules and relevant case law.