Legal Definitions - documentary evidence

Documentary evidence refers to any information presented in a legal proceeding that is recorded in a tangible format, such as on paper, electronically, or through other media. It encompasses a wide range of materials that can help prove or disprove facts in a case.

For such evidence to be considered by a court, it must generally meet two key criteria:

• It must be relevant to the case, meaning it helps make a fact more or less probable than it would be without the evidence.
• Its authenticity must be established, meaning it must be shown to be what it claims to be.

While historically courts often preferred original documents, modern legal practice frequently allows for reliable copies or electronic versions to be used, provided their authenticity can be verified.

Here are some examples illustrating documentary evidence:

• Example 1: A Signed Employment Contract

  Imagine a former employee suing their previous employer for wrongful termination. The employee might present their original signed employment contract to the court. This contract is documentary evidence because it is a tangible record (on paper) that outlines the terms of their employment, including their job responsibilities, salary, and the conditions under which their employment could be terminated. Its relevance is clear as it directly pertains to the dispute over the termination, and its authenticity would be established by confirming it is the actual agreement signed by both parties.

• Example 2: A Series of Email Communications

  Consider a business dispute where one company claims another failed to deliver goods as promised. The plaintiff company could introduce a chain of email communications between the two parties, showing specific dates, agreed-upon delivery schedules, and acknowledgments of receipt or delay. These emails, even though digital in origin, become documentary evidence when presented in court (often as printouts or digital files). They are recorded communications that are highly relevant to proving whether the goods were delivered on time, and their authenticity would be verified by showing they genuinely came from the alleged senders and recipients.

• Example 3: A Hospital Patient's Medical Records

  In a personal injury lawsuit following a car accident, the injured party's attorney might submit their client's hospital medical records, including doctor's notes, diagnostic test results (like MRI scans), and billing statements. These comprehensive records are documentary evidence because they are tangible, recorded information detailing the patient's injuries, treatment, and associated costs. They are highly relevant to proving the extent of the injuries and damages claimed in the lawsuit, and their authenticity would be confirmed by the hospital or medical professionals involved.