Adducing documents

Question 1

When does a document need to be authenticated?

Answer 1

Any document that is admitted into evidence must be authenticated by extrinsic evidence.

Question 2

What are the three methods by which a witness might authenticate a document?

Answer 2

If the witness made the document, they should identify it and describe its making.

If the witness did NOT make the document, they should describe how they came to possess it.

If the document is handled by a business or agency, the witness should tell the court what processes were in place to ensure the document was not substituted or interfered with.

Question 3

How can the Court be satisfied that a document was made contemporaneously for the purposes of the business records rule?

Answer 3

The Court can draw inferences based on self-authentication (under s 183) as to contemporaneity.

Question 4

What is a “document” for the purposes of the Evidence Act?

Answer 4

Any record of information, including anything with writing, marks, symbols or perforations having meaning for persons qualified to interpret them.

Anything from which sound, images, or writings can be reproduced (like a mobile phone).

A map, plan, drawing or photograph.