Evidence is anything offered to establish or refute a fact at issue: witness testimony, documents, records, physical objects, photographs, video, and electronically stored information.
Its use is governed by rules determining what may be admitted, how it must be authenticated, and for what purposes the factfinder may consider it.
Alternative Names:
Proof, Evidentiary Material
Why it Matters?
Cases are won on admissible evidence, not on facts a party believes to be true. Material that cannot be authenticated, that constitutes inadmissible hearsay, or that is excluded as unfairly prejudicial has no value at trial regardless of how compelling it is. That reality should shape discovery: the goal is not simply learning what happened but building a record that will survive evidentiary challenge.
Frequently Confused with
Related terms
Frequently asked questions
Is all discoverable material admissible?
What are the main types of evidence?
