What is Documentary Evidence?
Hi, this is attorney Kevin Hayslett and the question is – What is documentary evidence? Well, documentary evidence is just as it sounds; it is documents usually written that is entered into evidence in order to prove or to disprove a material fact. In order to be admitted into evidence a trial court or a Judge has to determine that the documents meet the following three criteria:
1. It is Relevant
2. It is Material
3. It would assist the trial of fact or Jury in determining the truth of one of the elements in the case.
A good example of documentary evidence might be a worthless check or telephone records. It might be something the prosecution or the defenses uses to prove or disprove a material fact in the case. So for instance, if they are trying to prove that someone was at a particular place at a particular time, the prosecution might introduce telephone records to show that the phone registered to the accused called the telephone assigned (showed by record) to the defendant. By making that connection, the documentary evidence or the telephone records would be relevant and therefore material in proving the accused knew the victim and therefore was more likely to have committed the crime. If the Court determines that the documentary evidence is relevant, is material, and that it would help the Jury, then that documentary evidence would be admitted. When evidence is admitted, this means that the Jury will have the opportunity to examine it, discuss it, and analyze it in order to determine whether or not the prosecution has proved the elements of the crime beyond any reasonable doubt in order to find the accused guilty.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.