Evidence is classified into three kinds according to its form: object (real) evidence, documentary evidence, and testimonial evidence. Object or real evidence is that which is addressed to the senses of the court, things that can be seen, touched, smelled, tasted, or heard, such as a weapon, a piece of clothing, stolen goods, or the physical appearance of a person or place. When an object is relevant to the fact in issue, it may be exhibited to, examined, or viewed by the court. To be admitted, object evidence must be relevant and authenticated, that is, shown to be the very thing involved in the case, which is why marking, identification, and, for fungible or easily-altered items like drugs, an unbroken chain of custody are essential. Documentary evidence consists of writings, recordings, photographs, or any material containing letters, words, numbers, figures, symbols, or their equivalent, offered as proof of their contents. Documentary evidence is governed by two important rules: the original document rule (best evidence rule), which requires the original when the subject of inquiry is the contents of a document, subject to exceptions; and the rules on authentication, since a private document offered as authentic must be authenticated before it is received in evidence, by anyone who saw the document executed or written, or by evidence of the genuineness of the signature or handwriting of the maker; public documents, by contrast, are generally self-authenticating and admissible without further proof of due execution. Documents may also be affected by the parol evidence rule when they embody an agreement. Testimonial evidence is that submitted to the court through the testimony of witnesses, governed by the rules on qualification of witnesses, examination, and the hearsay rule. For all classes, the two fundamental requirements for admissibility are relevance (the evidence relates to the fact in issue) and competence (it is not excluded by the rules or by law). So object evidence is shown to the court's senses, documentary evidence proves the contents of writings and requires authentication and the original, and both must be relevant and competent to be admitted.
Three Classes of Evidence
Evidence is object (real), documentary, or testimonial. All must be relevant (related to the fact in issue) and competent (not excluded by the rules).
Object (Real) Evidence
Addressed to the senses of the court — a weapon, clothing, goods, a place. It must be relevant and authenticated (shown to be the very thing), which is why marking, identification, and for drugs an unbroken chain of custody matter.
Documentary Evidence
Writings, recordings, photographs offered to prove their contents. Governed by the original document (best evidence) rule and by authentication: a private document must be authenticated (by a witness to its execution or proof of the handwriting), while public documents are generally self-authenticating.
Practical Takeaways
- Object evidence is shown to the court and must be authenticated;
- Documentary evidence needs the original and authentication (private documents);
- All evidence must be relevant and competent.
Frequently Asked Questions
What are the three classes of evidence? Object or real evidence, addressed to the senses of the court; documentary evidence, consisting of writings and recordings offered to prove their contents; and testimonial evidence, given through the testimony of witnesses.
How is object evidence admitted? It must be relevant and authenticated, that is, shown to be the very thing involved in the case, which is why marking, identification, and an unbroken chain of custody for easily-altered items are essential.
Do private documents need to be authenticated? Yes. A private document offered as authentic must be authenticated before being received in evidence, by someone who saw it executed or written, or by evidence of the genuineness of the maker's signature or handwriting.
Are public documents self-authenticating? Generally yes. Public documents are admissible without further proof of their due execution and genuineness, unlike private documents which require authentication.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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