Documentary evidence requires authentication and must satisfy hearsay rules where offered for the truth of its contents. The best evidence rule governs proof of contents.
Electronic documents raise additional authentication questions.
Alternative Names:
Documents in Evidence|Written Evidence
Why it Matters?
Documents create a hearsay problem the proponent must solve, since a writing offered to prove what it says is hearsay unless an exception applies, and business records is the usual route. Documents offered for a non-truth purpose such as notice avoid the problem entirely. Identifying which purpose applies determines whether the business records foundation is necessary.
Frequently Confused with
Related terms
Frequently asked questions
Are documents hearsay?
How is the problem avoided?
