Real evidence

Question 1

What is real evidence?

Answer 1

1. An object which, on proper identification, becomes evidence itself.
2. Any tangible thing produced for the court to inspect as to enable the court to draw a conclusion as to any fact in issue

Question 2

What are the admissibility requirements for real evidence?

Answer 2

1. Relevance
2. Properly identified
3. Not excluded by any other rule of evidence

Question 3

How does the court afford weight to an item of real evidence?

Answer 3

It is dependent on the testimony associated with it.

Question 4

What are the two categories of real evidence?

Answer 4

1. Immediate real evidence
2. Reported real evidence

Question 5

What is immediate real evidence?

Answer 5

Where the item of real evidence is produced in court for inspection in conjunction with oral testimony by a witness.

Question 6

What is reported real evidence?

Answer 6

Where the witness gives oral testimony in court describing the real evidence but the real evidence itself is not presented for inspection in court.

Question 7

How can a party wanting to present a person’s physical appearance as real evidence do so?

Answer 7

By having the individual in court where the person can be observed or by presenting photographs and so on into evidence.

Question 8

When may tape recordings be admissible as real evidence?

Answer 8

1. Prima facie proof that a recording is original to the courts satisfaction.
2. Sufficiently intelligble
3. Evidence is led which identifies the speakers in the tape recording
4. Any accompanying transcript of the tape recording is identiifed by the person who transcribed it

Question 9

What are the statutory provisions regulating the admission of handwriting as a real evidence?

Answer 9

Section 228 of the CPA and section 4 of the CPEA.

Question 10

What does section 228 of the CPA and section 4 of the CPEA hold?

Answer 10

Whenever the veracity of a particular handwriting is in dispute, a genuine handwritten sample may be compared to the disputed piece of handwriting.

Question 11

What is an inspection in loco?

Answer 11

Where a court and both parties inspect a particular location which is relevant to the matter being heard.

Question 12

Which provisions allow for inspections in loco?

Answer 12

1. Section 169 of the CPA
2. HCR 39(16)(d)
3. MCR 30(1)(d).