Documentary Evidence : A Simple Definition

       Documentary evidence is evidence in the form of a recorded document. While many people may think of written documents, recordings in other media are also considered documentary evidence. For example, a photograph or film would be classified as this type of evidence. People must present original copies of documents unless there is a strong reason to do otherwise, in accordance with the best evidence rule. This rule is designed to prevent the introduction of fraudulent or manipulated documents.

            There are a wide range of reasons why people might wish to introduce documentary evidence for the examination of the judge and jury. For example, if there is a dispute about a contract, bringing the physical contract to court would strongly support a case. Likewise, if a prosecutor is claiming that someone robbed a convenience store; recordings from the store's security system could be used to show the accused inside the store.

            When a lawyer wishes to submit documentary evidence, it needs to meet an evidentiary standard. First, it must be shown to be genuine, and the other side can ask to have the evidence examined and authenticated. Sometimes authentication can be relatively easy; a lawyer might ask someone on the stand “did you write this letter,” for instance. In other cases the document may need to be examined by an expert who can determine whether or not it is original and genuine.