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 Georgia, evidence is regulated by the Georgia Evidence Code, which is largely based on the Federal Rules of Evidence. Evidence must be relevant to be admissible in court, meaning it must 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. The types of evidence mentioned, such as witness testimony, documents, and photographs, can all be admissible if they are relevant and not excluded by an evidentiary rule. For example, hearsay is generally not admissible unless it falls under one of the many exceptions. 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 Georgia, as in other jurisdictions, the rules of evidence are complex and attorneys must navigate these rules to effectively present their case.