Compliance with the best evidence rule appears to be a burden on the parties. However, the rule is flexible enough to take into account the many situations that make it impossible to obtain original evidence. Thus, if a party can prove that the original cannot be obtained or cannot be obtained, the rule is flexible enough to allow other types of evidence as evidence of what the written, recorded or photographic evidence shows. There are exceptions to the best evidence rule. The original document, record or photographic evidence is not required if: Keep all original documents, as you may need to provide them to show that they are identical to your copies. If you do not have the originals, gather evidence that the copy is a genuine copy of the original. You can have a document certified as an authentic copy of the original by having it signed and dated by a professional such as a lawyer. Copies of documents that can be certified include: passport, photo driver`s license, letters from a government agency, bank/building company or credit card statements, gas, electricity, or municipal tax bills, and letters from a hospital/doctor. Because of its importance, a lawyer must carefully examine physical evidence to ensure that it is genuine, relevant, and important to the case. This process is known as laying the foundation stone. Your attorney must prove to the jury the chain of custody of the object based on witnesses. However, not all evidence carries the same weight. Certain types of evidence guarantee that you will be convicted.
On the other hand, others cannot be legally brought to justice. Below are the four types of evidence you need to know. Create a tab for each section. For court documents, place them in chronological order so you can sort them easily. The cookie tab is divided into the name of each cookie that you and the other party will call. Place the questions you have prepared and the documents they will talk about under each name. Arrange the name alphabetically or in the order in which it appears in court. Don`t forget to make 3 copies of each document you submit. Finally, make sure you include enough blank paper to take notes during the trial period. As you might expect, evidence in the form of a tangible object, such as a gun, fingerprints, a rope that allegedly strangled someone, or tire prints from a crime scene are considered physical evidence. Physical evidence is also called “real” or “physical” evidence.
It can be presented to the court as an exhibition of a physical object captured in still or moving images, described in text, audio or video form, or mentioned in documents. Keep hard and electronic copies of all evidence. You can also download our handy evidence-gathering tools here. Electronically stored information is an interesting case study in this rule. A court was faced with the question of whether text messages exchanged between the plaintiff and the defendant should be authorized. [10] The text messages were sent in separate emails directly from a cell phone to counsel for the accused and each email contained a text message. The phone had no screenshot capabilities or any other method to capture an image of the messages. Each email that was to be presented as evidence was accompanied by a statement by the defendant stating, under penalty of perjury, that the emails accurately reflected the text messages on the mobile phone. The defendant also provided details about the text messages, including who sent them. The mobile phone had been replaced in the meantime and was no longer available. Most often considered as forms of written evidence, such as letters or wills, documentary evidence can also include other types of media such as images, video or audio recordings, etc.
In the sense of “first occurrence,” it is evidence presented before a trial and sufficient to prove something until it is successfully refuted or refuted in court. This is also called “alleged evidence.” Documents may be considered hearsay if they contain statements made out of court (not under oath) and if they are used in court to prove the truth of those statements. Although there are many exceptions to the general rule against hearsay, if a document does not satisfy an exception, the court may prevent its admission into evidence. Collecting digital evidence requires skills that are not always necessary for physical evidence. There are many methods for extracting digital evidence from different devices, and these methods, as well as the devices on which evidence is stored, are rapidly evolving. Investigators must either develop specific technical expertise or rely on experts to perform the extraction for them. A witness testimony is a document designed in a specific way that presents the testimony of the person writing the testimony and ends with a statement of truth. By signing the document, the author confirms that it is true.
A witness statement must be factual and indicate what was seen or heard by the person who wrote the testimony. These statements must be communicated to all persons involved in the hearing as well as to the court. To prove a case in court or jury, it is often necessary to use written, recorded or photographic evidence. This evidence includes images of property damage, voicemail recordings and contracts. When written, recorded or photographic evidence is required for a hearing or trial, the federal rules of evidence provide that “the original letter, recording or photograph must be provided to prove its contents, unless the original is lost, destroyed or otherwise out-of-print.” [1] Random statements to family, friends, colleagues or even strangers are not witness statements. Even 911 calls are not testimonials. Strict rules govern the types of evidence that may be admitted to a trial, and the presentation of evidence is governed by formal rules. While not a type of evidence you would use in court, this type of evidence can be useful in increasing credibility by drawing parallels when there isn`t enough information to prove something in an on-the-job investigation. Analogous evidence uses a comparison of things that are similar to make an analogy.
Over time, the rule has evolved to reflect the practical constraints of obtaining and presenting original evidence for a trial hearing. Today, most information is stored electronically, so the original of an electronically stored piece of evidence contains all printouts of that information. [4] If a litigant wishes to file a series of emails in court, they may print the chain of emails and use the print as an original to satisfy the rule. The material must be related to the offence to be considered authentic evidence. Therefore, actual evidence is arguably the most important element in a trial, as it proves or refutes your case. Storing digital evidence is also difficult, as it can be modified or deleted remotely, unlike physical evidence. Investigators must be able to authenticate evidence and provide documents proving its integrity. Finally, a party may use the testimony, testimony or written statement of a counterparty to prove the content of separate written, recorded or photographic evidence if such evidence is presented against that party.
[9] For example, if an applicant states in a statement that he or she took a photograph showing damage to his or her vehicle prior to an accident, the opposing party may use the contents of that statement against the applicant to prove that the photo shows pre-existing damage. You must bring to your hearing or trial 3 copies of each document you wish to present to the court with the original. To present a document to the court and put it into evidence, you usually need someone, a witness or a party (who could be you) to present it to the court. You must swear that it is the authentic document and possibly explain the contents of the document. For example, a doctor may need to discuss the medical report you submit to the court. Bulky or voluminous writings, photographs or photographic evidence are also treated differently because examination of the originals would be inconvenient for the court. For this type of evidence, the party offering it may provide a summary, diagram or calculation to support its content.