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 South Dakota, evidence is regulated by both state statutes and rules of court, specifically the South Dakota Rules of Evidence. These rules determine what evidence is admissible in court to prove or disprove facts pertinent to a case. Evidence can be direct or circumstantial and includes witness testimony, documents, contracts, email messages, photographs, medical bills, video footage, and voice recordings, among other forms. The admissibility of evidence is subject to relevance, meaning it must relate directly to the case, and it must not be overly prejudicial, confusing, or a waste of time. Additionally, evidence must be authentic, reliable, and obtained legally. Hearsay, or testimony about statements made outside of court, is generally not admissible unless it falls under one of the many exceptions to the hearsay rule. The South Dakota Rules of Evidence are designed to ensure that the evidence presented in court is fair and contributes to the just determination of proceedings.