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 Mexico, as in other jurisdictions, evidence is crucial for proving or disproving the facts at issue in a legal proceeding. The New Mexico Rules of Evidence, which are largely based on the Federal Rules of Evidence, govern the admissibility and use of evidence in court. These rules determine what evidence is relevant, and relevance is defined as anything that makes a fact more or less probable than it would be without the evidence. The types of evidence mentioned, such as witness testimony, documents, and electronic communications, must all adhere to these rules to be considered by the court. For instance, evidence must not only be relevant but also not overly prejudicial, must not be hearsay (with certain exceptions), and must have a proper foundation to establish its reliability. An attorney can help navigate these rules to effectively present or challenge evidence in court.