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 Wisconsin, evidence is regulated by both state statutes and rules of court, particularly the Wisconsin Rules of Evidence, which are largely modeled after the Federal Rules of Evidence. These rules define what is considered evidence and outline the standards for its admissibility in court. Evidence must be relevant, meaning it must have any tendency to make a fact of consequence more or less probable than it would be without the evidence. 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 Wisconsin, the courts have discretion in applying these rules to ensure that the evidence presented is fair and contributes to the fact-finding process.