Documentary evidence is any

evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...

that is, or can be, introduced at a

trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...

in the form of

documents A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes a "teaching" or "lesson": ...

, as distinguished from oral

testimony Testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimon ...

. Documentary evidence is most widely understood to refer to writings on paper (such as an

invoice An invoice, bill, tab, or bill of costs is a commercial document that includes an itemized list of goods or services furnished by a seller to a buyer relating to a sale transaction, that usually specifies the price and terms of sale, quanti ...

, a

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

or a

will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...

), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical device to be viewed, such as a tape recording or film; and a printed form of

digital evidence In evidence law, digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence a court will determine if the evid ...

, such as emails or spreadsheets. Normally, before documentary evidence is admissible as evidence, it must be proved by other evidence from a

witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...

that the document is genuine, called " laying a foundation". As a general rule of evidence, a document shall be proved by primary evidence that is document itself. No oral evidence of content of documents shall be admissible. But in certain circumstances the secondary evidence of documents including the oral evidence can be given. For instance, when original is lost or is in custody or possession of person against whom it is sought to be proved.

Documentary v. physical evidence

A piece of evidence is ''not'' documentary evidence if it is presented for some purpose other than the examination of the contents of the document. For example, if a blood-spattered letter is introduced solely to show that the defendant stabbed the author of the letter from behind as it was being written, then the evidence is

physical evidence In evidence law, physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) t ...

, not documentary evidence. However, a film of the murder taking place ''would'' be documentary evidence (just as a written description of the event from an eyewitness). If the content of that same letter is then introduced to show the motive for the murder, then the evidence would be both physical and documentary.

Authentication

Documentary evidence is subject to specific forms of

authentication Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an Logical assertion, assertion, such as the Digital identity, identity of a computer system user. In contrast with iden ...

, usually through the

of an eyewitness to the execution of the document, or to the testimony of a witness able to identify the

handwriting Handwriting in Italian schools (XXth - XXIst century) Handwriting is the personal and unique style of writing with a writing instrument, such as a pen or pencil in the hand. Handwriting includes both block and cursive styles and is separa ...

of the purported author. Documentary evidence is also subject to the best evidence rule, which requires that the original document be produced unless there is a good reason not to do so.

References

*Peter Murphy. "Documentary Evidence". Murphy on Evidence. Tenth Edition. Oxford University Press. 2008. Chapter 19, section A. Page
602
to 619. Richard Glover and Peter Murphy. Thirteenth Edition. 2013. Page
678
to 694. *Adrian Keane and Paul McKeown. "Documentary evidence". The Modern Law of Evidence. Eleventh Edition. Oxford University Press. 2016. Page
279
to 290. Twelfth Edition. 2018. Page
285
to 296. *Charanjit Singh Landa and Mohamed Ramjohn. "Documentary evidence". Unlocking Evidence. (Unlocking the Law). Second Edition. Routledge (Taylor & Francis Group). London and New York. Canada. 2013. Section 14.8.1 a
page 357
et seq. Third Edition. 2016. Page
454
to 456. *Christopher Allen. "Documentary Evidence". Practical Guide to Evidence. Fourth Edition. Routledge-Cavendish. London and New York. Canada. 2008. Page
57
to 61. Second Edition. Cavendish Publishing Limited. 2001. Page
391
to 396. *W M Best. "Of Documentary Evidence". A Treatise on the Principles of Evidence and Practice as to Proofs in Courts of Common Law. S Sweet. London. 1849. Chapter 3. Page
238
to 276. "Documents". A Treatise on the Principles of the Law of Evidence. Third Edition. H Sweet. 1860. Part 3. Page
287
to 337. The Principles of the Law of Evidence. Eighth Edition, by J M Lely and Charles F Chamberlayne. Sweet and Maxwell. London. The Boston Book Co. Boston. 1893. Page
198
to 239. *Cutler and Griffin. "Written Evidence". Powell's Principles and Practice of the Law of Evidence. Fifth Edition. Butterworths. London. 1885. Part 2. Page
329
to 466. See als
1892 edition
an
1898 edition
*Jonathan Doak and Claire McGourlay. "Documentary evidence". Criminal Evidence in Context. Second Edition. Routledge-Cavendish. 2009. Page
13
and 14. Jonathan Doak and Claire McGourlay, with Mark Thomas. Evidence in Context. Fourth Edition. Routledge. 2015. Page
10
and 11. {{Authority control Evidence law