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 Florida, evidence is regulated by the Florida Evidence Code, which is similar to the Federal Rules of Evidence. The code outlines what is considered admissible evidence in legal proceedings. Evidence must be relevant, meaning it must make a fact more or less probable than it would be without the evidence and must pertain to a fact of consequence in determining the action. Common forms of evidence include witness testimony, documents, contracts, email messages, photographs, medical bills, video images, and voice recordings. However, not all evidence is admissible; it must pass certain legal standards, such as reliability and authenticity. For example, hearsay evidence is generally inadmissible unless it falls under one of the recognized exceptions. The Florida Rules of Evidence also address the admissibility of expert testimony, character evidence, and the preservation of evidence for appeal. Attorneys play a crucial role in presenting and objecting to evidence during legal proceedings to ensure that the fact-finder (judge or jury) receives a clear and lawful presentation of the relevant facts.