Documentary evidence can be in various forms, including photographs and recordings, and must be original unless there is a valid reason not to. It must be proven authentic and relevant to be presented in court, and opponents can challenge its validity. Examples include contracts, recordings, and communications.
Documentary evidence is evidence in the form of a registered document. While many people may think of written records, recordings in other media are also considered such evidence. For example, a photograph or film would be classified as this type of evidence. Individuals must submit original copies of documents unless there is a strong reason not to, in accordance with the best evidence rule. This rule is intended to prevent the introduction of fraudulent or manipulated documents.
There are a wide variety of reasons people might want to introduce documentary evidence for judge and jury scrutiny. For example, if there is a dispute over a contract, taking the physical contract to court would strongly support a case. Similarly, if a prosecutor claims someone robbed a convenience store, the store’s security system recordings could be used to show the defendant inside the store.
When an attorney wishes to present documentary evidence, they must meet an evidentiary standard. First, it must be proven to be authentic, and the other party can ask for the evidence to be examined and notarized. Sometimes authentication can be relatively simple; a lawyer might ask someone at the counter “did you write this letter,” for example. In other cases it may be necessary to examine the document by an expert who can determine if it is original and genuine.
Also, documentary evidence, just like other evidence, must be relevant. Showing relevance can be very simple in some cases, while in others it can be more complicated. Also, the evidence must be an original or there must be a reason for a copy to be shown in court. For example, a lawyer might argue that the original is too fragile and a facsimile is produced in court to avoid permanent damage to the original.
Examples of documentary evidence may include legal materials such as written and witnessed contracts, wills, and other agreements. Additionally, event recordings, letters and other communications may be used as evidence of this kind in court. When something is entered as evidence, a unique identification is given and the court record notes that something was introduced as evidence. Opponent counsel has the opportunity to challenge documentary evidence presented in court if it is believed that it is inauthentic or irrelevant to the case at hand.
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