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