Documents such as records, letters, bills, contracts, and similar writing form part of evidence in many lawsuits. In court, the best evidence rule requires that when a document is offered as evidence, the original document or writing has to be produced and submitted. To be admitted as evidence, a document has to be properly identified or authenticated.
In dealing with documentary evidence, the following things must be considered:
- Parole evidence - This is a principle in the common law of contracts which presumes that a written contract embodies the complete agreement between parties. As a rule, it forbids the introduction of 'extrinsic' information or external communication between parties, other than what is contained in the document.
- Best evidence - The issue in documentary evidence is competency, Hence, the best evidence rule in documents means the 'the best and topmost form of evidence that can be produced for verification'.
- Authentication
- Hearsay - Based on legal definition, hearsay is evidence not proceeding from the personal knowledge of the witness, but is from the mere repetition of what he has heard others say.
What is Authentication?
Authentication is a rule that requires evidence to be sufficient to support a finding that the matter in question is what its proponent claims. This means that evidence must be proven genuine to be admissible.
Both parties in a trial can authenticate documentary evidence in much the same way as it can authenticate other real evidence. These are the common methods of document authentication:
- A witness, who is present during the signing of the document, can identify and attest to the existence of the document.
- A non-expert witness who is familiar with the handwriting or signature of the person, who signed the document, can also testify.
- An expert, a document examiner, who can compare handwriting samples and give his opinion regarding the document
- By so-called trier of fact, in which the jury or the judge would compare a known example of a signature with the signature on a disputed document
- Records of business transactions can be identified and authenticated by the custodian of the records.
- Certified copies of public records, official documents, and newspapers are self-authenticating documents that do not require outside authentication to be admitted as court evidence.
- Ancient documents also do not require outside authentication to be used as evidence. When presented with a corroborating circumstances or possession, ancient documents can be admitted as evidence in a trial.
Written documents when presented as evidence in courts are called documentary evidence. They form part of the basis for the resolution of cases.
However, certain documents do not require validation to be considered as original documents. Self-authenticating documents or documents that do not require outside authentication are the following:
1. acknowledge documents to prove receipt of such
2. some commercial paper and related documents
3. certificates of business records
4. certified copies of public records
5. newspapers
6. official documents
7. periodicals
8. trade inscriptions
Why Document Authentication is Necessary
If properly authenticated, documents can provide the courts the necessary information and help a judge or jury evaluate a case. Proper documents also provide resolution of the issue under question. In civil litigations, documentary evidence is an important part in determining the outcome of a case.
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