Definition
Documentary Evidence refers to any evidence presented in a trial or legal proceeding in the form of documents. These documents can be written or printed materials, such as contracts, wills, deeds, letters, emails, business records, or any other written materials that can help prove or disprove facts at issue in a case. Documentary evidence must be authenticated before it can be admitted in court, ensuring that the document is genuine and accurately represents what it purports to.
Examples of Documentary Evidence
- Contracts: Agreements between parties that outline obligations and rights.
- Wills: Legal documents expressing a person’s wishes regarding the distribution of their property after death.
- Deeds: Documents that show the ownership of property, such as real estate deeds.
- Letters and Emails: Written correspondences that can affirm or nullify a point in dispute.
- Business Records: Financial statements, invoices, and other documentation generated by a company as part of its normal operations.
- Photographs and Digital Media: Visual documentations that can serve as ancillary proof (e.g., pictures of an event or condition relevant to the case).
Frequently Asked Questions (FAQs)
What qualifies as documentary evidence?
Documentary evidence includes any written or recorded materials that can substantiate factual claims within a legal context. This encompasses private and public records like contracts, emails, logs, manuscripts, ledgers, and digital data.
How is documentary evidence authenticated in court?
Authentication typically involves testimony or affidavits from a custodian of the documents, experts, or by confirming the chain of custody and comparing against known samples.
Can electronic documents be considered documentary evidence?
Yes, electronic documents, such as emails, digital files, and electronic records, qualify as documentary evidence as long as they meet the criteria of authenticity and relevancy.
What is the difference between documentary evidence and testimonial evidence?
Documentary evidence is physical or digital documentation serving as proof, while testimonial evidence involves oral statements made by witnesses under oath during a trial.
Are photographs and videos considered documentary evidence?
Yes, photographs, videos, and other forms of digital media are classified as documentary evidence. They must be authenticated like any other form of evidence before being admitted in a legal proceeding.
Is hearsay contained in documentary evidence admissible?
Generally, hearsay within documentary evidence is not admissible unless it fits an exception to the hearsay rule, such as a business record or public record exception.
Can you use copies of original documents as documentary evidence?
Copies of original documents may be admitted as documentary evidence if the original is unavailable and there is a valid reason, along with verification of the copy’s accuracy through statutory provisions like the Best Evidence Rule.
Related Terms with Definitions
- Testimonial Evidence: Evidence provided by a witness who makes an assertion in court while under oath.
- Physical Evidence: Any tangible item or object used to prove facts in a case, such as weapons, clothing, or any other physical objects.
- Hearsay: An out-of-court statement introduced to prove the truth of the matter asserted, generally inadmissible unless an exception applies.
- Authentication: The process of proving that a piece of evidence is genuine and can be relied upon in a legal proceeding.
- Best Evidence Rule: A legal principle that requires the original document to be submitted as evidence rather than a copy, when the content of the document is in dispute.
Online Resources
- Cornell Law School Legal Information Institute
- U.S. Code Title 28 - Judiciary and Judicial Procedure
- American Bar Association
- FindLaw
Suggested Books for Further Studies
- “Evidence” by George Fisher - A comprehensive guide to the rules and rationale of evidence law.
- “Principles of Evidence” by Irving Younger, Michael Goldsmith, and David A. Sonenshein - A foundational text in understanding how evidence operates in litigation.
- “The Law of Evidence” by John William Strong - This authoritative resource covers the principles and practical application of evidence law.
- “Evidence Under the Rules” by Christopher B. Mueller and Laird C. Kirkpatrick - A detailed analysis of evidence rules and case law.
Fundamentals of Documentary Evidence: Legal Studies Basics Quiz
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