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 North Carolina, evidence is regulated by both state statutes and the North Carolina Rules of Evidence, which are largely modeled after the Federal Rules of Evidence. Evidence must be relevant to be admissible in court, 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 images, and voice recordings. The admissibility of such evidence is subject to various rules regarding authenticity, reliability, and the absence of hearsay, unless an exception applies. Additionally, evidence must not be overly prejudicial, confusing, or a waste of time in relation to its probative value. In criminal cases, the evidence must prove the defendant's guilt beyond a reasonable doubt, while in civil cases, the standard is typically a preponderance of the evidence.