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 New Jersey, evidence is regulated by both state statutes and the New Jersey Rules of Evidence. These rules determine what is considered admissible evidence in a court of law. Evidence must be relevant to the facts of the case, meaning it should 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 photographs, must all adhere to specific rules regarding their authenticity, reliability, and the manner in which they are presented in court. For instance, witness testimony is subject to examination and cross-examination, documents often require a showing of authenticity, and electronic evidence like email messages and video images must be shown to be unaltered and preserved in a manner that maintains their integrity. The New Jersey Rules of Evidence also address the exclusion of evidence on grounds such as privilege, hearsay, or irrelevance. An attorney can provide guidance on how these rules apply to specific pieces of evidence in a legal proceeding.