In general, like other kinds of evidence, documentary evidence must be relevant to be admissible. In the case of writing, the document’s authenticity is one aspect of its relevancy. But keep in mind documentary evidence, even if fully authenticated and relevant. If any problems or question concerns a document, you should consider three separate and distinct possible barriers to admissibly (1) Authentication, (2) Best evidence, and (3) Hearsay.
As such the paper is what the proponent claims it is. The article is usually not self-authenticating. It needs a testimonial sponsor or shepherding angel to prove that a person made, signed, or adopted the report. The authentic nature of a document may be admitted through the discovery process. Through stipulation at the pretrial conference, or by a failure to deny an allegation in a pleading.
(2) Best Evidence Rule
The best evidence rule is called the “original document rule.” It may be stated as follows: in proving the terms of writing (recording, photograph, or x-ray), where the words are material, the original report must be produced.
A Hearsay is a statement, other than the one made by the declarant while testifying at the current trial. Or a hearing, offered in evidence to prove the truth of the matter asserted. The rules against hearsay are probably the essential exclusionary rules of evidence in any legal proceedings. If a statement is hearsay and no exception. If exclusion applies, the evidence must be excluded upon proper objection.
The more complex the personal injury case, the more documentary evidence is essential to simplify the issues. And allow the jury to understand the facts. This is particularly true for issues such as medical conditions and medical treatment. The personal injury attorney must convey a clear sense of the injury to the jury. And the medical treatment for that injury.
Attorneys in Houston
At Houston Injury Lawyers, PLLC, our firm focuses the entirety of our time and expertise on representing those who have suffered a personal injury. And helping our clients through the entire recovery process – physical, emotional, and financial recovery – from their injuries. We allow our clients to tip the balance of justice in their favor through our years of experience. Our care and preparation are core principles and keys to our success.
(713) 366-HURT (4878)
Proving the legal elements with clear and convincing evidence is a daunting task. Houston Injury Lawyers, PLLC, can help you navigate this issue and answer any questions you may have. Se Habla español.
We have the experience and resources necessary to guide you and your family through the civil court proceedings. Your injury claim will entail and help you approach the situation with great confidence and understanding.
Contact us to schedule a free case review and find out how our firm can assist in your recovery.
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