Legal Definition for Documentary Evidence

There are a variety of reasons why people want to present documentary evidence for the questioning of the judge and jury. For example, if there is a dispute about a contract, taking the physical contract to court would be very helpful to a case. If a prosecutor claims someone stole a supermarket, footage from the store`s security system could be used to show the accused in the store. With this signature, you accept everything written on the document you have signed, whether you have understood it or not. This document can then become evidence, good or bad, that can be used against you in court. Letters, contracts, deeds, licenses, certificates, tickets or other writings constitute documentary evidence. 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. 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”. 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. 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. 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. 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. In addition, documentary evidence, like other evidence, must be relevant. Showing relevance can be very easy in some cases, while in others it can be more complicated. In addition, the evidence must be an original, or there must be a reason why a copy is presented to the court. For example, a lawyer could argue that the original is too fragile and that a facsimile is presented to the court to avoid permanent damage to the original. 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. Examples of documentary evidence may include legal documents such as contracts, wills, and other attested, written agreements. In addition, recordings of events, letters and other communications can be used as such evidence in court.