Keep all original documents, as you may need to provide them to show they are identical to your copies. If you do not have the originals, gather evidence that the copy is a genuine copy of the original. You can have a document certified as an authentic copy of the original by having it signed and dated by a professional such as a lawyer. Copies of documents that can be certified include: passport, photo driver`s license, letters from a government agency, bank/building company or credit card statements, gas, electricity, or municipal tax bills, and letters from a hospital/doctor. Before documentary evidence is admissible into evidence, it is generally necessary to prove by other evidence from a witness that the document is genuine, known as “laying the foundation”. Authentication essentially shows the court that a piece of evidence is what it claims to be, and documentary evidence can be authenticated in the same way as other actual evidence. However, failure to properly certify a document could lead the court to deny its admissibility. A document may be certified if a party admits its existence in the record, or if a witness with personal knowledge confirms that the document is what he or she claims to be, or if he or she confirms handwriting or other aspects of the document. Keep hard and electronic copies of all evidence. You can also download our handy evidence-gathering tools here. A witness testimony is a document designed in a specific way that presents the testimony of the person writing the testimony and ends with a statement of truth. By signing the document, the author confirms that it is true. A witness statement must be factual and indicate what was seen or heard by the person who wrote the testimony.
These statements must be communicated to all persons involved in the hearing as well as to the court. Evidence is not documentary evidence if it is presented for a purpose other than examining the contents of the document. For example, if a blood-splattered letter is introduced solely to show that the defendant stabbed the author of the letter from behind when it was written, then the evidence is physical evidence, not documentary evidence. However, a film of the murder would be documentary evidence (as would a written description of the event by an eyewitness). Then, if the contents of the same letter are presented to show the motive for the murder, then the evidence would be both physical and documentary. When it comes to documentary evidence, it`s a good idea to consider these four possible pitfalls that could be used to challenge the admissibility of a document in court: It is important that the date of any photo or video is clear and available. ONRECORD accurately records the date and time of uploaded evidence. The time and location of photos or videos you take with your mobile device can be proven using the removable image file (EXIF), if you have allowed your camera to save locations. Documentary evidence is subject to some form of authentication, usually by the testimony of an eyewitness about the execution of the document or by the testimony of a witness who can identify the alleged offender`s handwriting. Documentary evidence is also subject to the best evidence rule, which requires that the original document be produced unless there is a valid reason not to do so.
The parol rule of evidence prohibits the admission of certain evidence concerning the terms of a written agreement. It assumes that everything contained in a signed agreement contains the final and complete agreement of the parties. It could therefore prohibit evidence of agreements concluded before or at the same time as the written agreement itself and not included in the final written agreement. There are exceptions to the Parol rule of evidence and it is generally regarded as a matter of substantive law and not merely a matter of evidence. However, it may be used to prohibit documentary evidence of the existence of additional agreements. These include powers of attorney, birth and marriage certificates, estate grants, land certificates and contracts. They have legal authority and are very reliable (provided they are not fake). The evidence contained in or on the documents may be a form of authentic evidence. For example, a contract offered to prove the terms contained therein is both documentary and real.
If a party presents a document as evidence, it must certify it in the same manner as any other authentic evidence, either through a witness who can identify the document or through witnesses who can establish a chain of custody for the document. For documentary evidence to be admitted at trial, it must be relevant in accordance with FRE 402 and 403. In addition, documentary evidence must be certified to FRE 901 or 902. At common law, parties were constrained by the original document rule when presenting documentary evidence; However, the FRE relaxed this requirement through the best evidence rule and allowed duplicates to be eligible under FRE 1003. To win a case in court, the basic fact is that you must have evidence to prove: letters, contracts, deeds, licenses, certificates, tickets or other writings are documentary evidence. Documentary evidence is a general term in the law of evidence, which can include almost any document presented at trial and available on paper. For example, Article 17-5-32 of the GA Code contains a long list of what the State considers documentary evidence: “The term `documentary evidence` includes, but is not limited to, writings, documents, plans, drawings, photographs, computer printouts, microfilm, X-rays, files, diagrams, books, tapes, audio and video recordings, and documents of any kind or description.” Documentary evidence is the body of evidence that is or may be presented as documents at a hearing, as opposed to oral testimony. Documentary evidence is more generally understood as writing on paper (e.g. , invoice, contract or will), but the term can also apply to any medium used to store information, such as photographs; a medium for which a mechanical device is required for visualization, such as tape recording or film; and a printed form of digital evidence such as emails or spreadsheets. The best evidence rule can be used to deny permission for copies or replications of certain documents. Under this rule, when the contents of a written document are presented as evidence, the court will not accept a copy or other evidence of the contents of the document instead of the original document, unless a reasonable explanation is given for the absence of the original.
FRE authorizes the use of mechanically reproduced documents, unless one of the parties has raised serious doubts as to the accuracy of the copy or can prove in any way that their use would be unfair. Summaries or compilations of voluminous documents may also be accepted as evidence under the RU, provided that the other parties have made the originals available for review.