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 Texas, evidence is governed by the Texas Rules of Evidence, which align with the principles described. These rules determine what is considered admissible evidence in legal proceedings. 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, contracts, email messages, photographs, medical bills, video images, and voice recordings can all serve as evidence if they are relevant to the case and can help prove or disprove a material fact. However, even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, among other reasons. Additionally, evidence must be authenticated before it can be admitted, which means there must be sufficient proof that the evidence is what it purports to be. In Texas, as in other jurisdictions, there are also specific rules regarding the admissibility of hearsay, privileged communications, and expert testimony.
