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 Mississippi, evidence is governed by the Mississippi Rules of Evidence, which are similar to the Federal Rules of Evidence. These rules determine what evidence is admissible in court to prove or disprove facts at issue in a legal proceeding. Evidence must be relevant, meaning it must 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. Witness testimony, documents, contracts, emails, photographs, medical bills, videos, and voice recordings can all serve as evidence if they are relevant to the case and meet other evidentiary requirements such as authenticity, reliability, and not being hearsay or otherwise excluded by specific rules. The Mississippi courts have the discretion to exclude evidence if its probative value is substantially outweighed by the risk of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.