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 Nebraska, evidence is regulated by the Nebraska Evidence Rules, which are similar to the Federal Rules of Evidence. These rules determine what evidence is admissible in court to prove or disprove facts pertinent to a case. 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, and other forms of evidence such as emails, photographs, and recordings are all subject to these rules. The admissibility of evidence is also subject to various exceptions and exclusions, such as hearsay, privilege, or the requirement of authentication. Nebraska courts will consider the reliability and the probative value of the evidence against any prejudicial effect it may have on the proceedings.