Legal Meaning of Documentary
n. A popular umbrella term among lawyers for any article written on it. Technically, it could contain a piece of wood with a will or a message scratched on it. See: Documentary Evidence) Letters, contracts, deeds, licences, certificates, tickets or other writings constitute documentary evidence. A private document is an act performed by a private citizen. A public document is a document that is or should be legally available for public inspection, rather than a document published by Congress or a government department. 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. 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. 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 a form of evidence that is presented and admitted into evidence in a trial or hearing. This is different from oral testimony and physical evidence. Photographs, recordings, films and printed emails are all forms of documentary evidence. However, evidence is not documentary evidence if it is presented for purposes other than examining the contents of the document. It should be noted that documentary evidence is subject to the best evidence rule, which requires that the original document be produced unless there is a valid reason not to do so. 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”. 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. Legal documents include inquisitions, statements, examinations and affidavits. A written or printed instrument that conveys information. If a document is signed and the signature is genuine, the law accurately expresses the state of mind of the person who signed it. A false document is a document that is allegedly created or authorized by someone who did not do so. It can also be a document that is undated or that was created by or on behalf of someone who did not actually exist. See, for example, Phillips v. Taco Bell Corp., 60 N.Y.S.3d 67, 152 A.D.3d 806, 2017 N.Y. Slip Op.
5862 (N.Y. App. Div. 2017); Sandles v Magna Legal Services, LLC Civil Court, City of New York N.Y.S.3d 843 (2018). An ancient document is a writing that is considered authentic by the court because of its age, because it comes from a reliable source where it would logically be found, and because it has been carefully preserved. A type of written evidence presented at a trial to prove the existence or non-existence of a disputed fact. 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 generally understood as writings on paper (e.g. an invoice, contract, or will), but the term can also apply to any medium used to store information, such as photographs; a medium that requires a mechanical device to view, for example: a tape recording or film; and a printed form of digital evidence such as emails or spreadsheets. The term document usually refers to a particular letter or instrument that affects certain transactions. A certificate, marriage certificate, and account registration are all considered documents.
n. Any document (paper) presented and admitted into evidence in a trial or hearing, as opposed to oral testimony. However, counsel for the opposing party may object to admission. First, it must be proven by other evidence from a witness that the document is authentic (called “laying the foundation”), as well as by the usual objections such as relevance.