Rules of Evidence

Rulesof Evidence

Rulesof Evidence

Duringthe inspection of the members of the jury and the judge, evidencemight be submitted in form of documents or in documents. Suchdocuments can be termed as real evidence. When an individual presentsa document into evidence, it is mandatory for him or her to prove itin the same manner as any other real evidence (Garland, 2011). Theauthentication can be done by either witnesses who can identify thedocument’s series of safekeeping or by a witness who is capable ofidentifying the document.

Thereare various rules of evidence that must be taken into considerationbefore a document is introduced as evidence in a court, whichincludes the following

AuthenticationRule

Therule states that documentary evidence can be authenticated in thesame way as any other real evidence by a particular party. Inaddition, under the FRE some documents are self authenticated such asofficial documents, specific commercial papers, and newspapers(Garland, 2011)

ParoleEvidence rule

Thisrule preserves the written document’s integrity by forbidding theparties involved from altering the written document’s meaning,which can be done through use of prior written or oral proclamationsor previous criminal convictions that are not provided in thedocument.

HearsayRule

Accordingto Dicarlo(2008), hearsay statements cannot be used as evidence at trial butsome exceptions exists when evidence fulfils the broad definitionunder a particular court’s rules of evidence. If exceptions aremet, hearsay might be admitted during trial.

TheBest Evidence Rule

Thisrule of evidence states that if evidence is provided in form of adocument, the court will only accept the original document. However,the copies can be accepted if the parties involved are in a positionto give sufficient explanation as to why the original copy ismissing. The FRE allows use of documents that have been reproducedmechanically unless one of the involved parties displays lack oftrust to the accuracy and fairness of the reproduced copy (Dicarlo,2008).

References

Dicarlo,V. (2008). of the .Retrieved from http://corporate.findlaw.com/litigation-disputes/summary-of-the-rules-of-evidence.html

Garland,N. M. (2011). Criminalevidence(6th ed.). New York, NY: McGraw Hill.