Do rules of evidence, with respect to relevancy, competency, and materiality, apply to documentary evidence as they apply in the case of oral testimony? What other tests are peculiar to the use of documentary evidence?

Question

Quizplus · Accepted Answer

The Answer is Yes, the rules of evidence regarding relevancy, competency, and materiality apply to documentary evidence just as they do to oral testimony. Documentary evidence must be relevant to the case at hand, competent (meaning it must be authentic and not hearsay), and material to the issues being litigated.

In addition to these standard tests, there are other considerations that are peculiar to the use of documentary evidence. For example, the best evidence rule requires that the original document be presented in court, rather than a copy, unless certain exceptions apply. The authentication of documentary evidence also requires that its origin and integrity be established, often through the testimony of a witness who can verify its authenticity. Furthermore, the admissibility of documentary evidence may be subject to the rules of hearsay, which can impact its use in court proceedings.

Overall, while the basic principles of relevancy, competency, and materiality apply to both oral testimony and documentary evidence, there are additional tests and considerations that are specific to the use of documentary evidence in legal proceedings.

Do Rules of Evidence, with Respect to Relevancy, Competency, and Materiality