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Chapter

Cover The Modern Law of Evidence

5. Documentary and real evidence  

This chapter discusses the law on documentary evidence and real evidence. It addresses the following key issues: Where a party to litigation wishes to adduce in evidence a statement contained in a document, (a) should it be open to proof by production of a copy of the document and, if so, (b) in what circumstances and subject to what safeguards? Where a party to litigation wishes to admit a document in evidence, (a) should he be required to establish that it was written, signed, or attested by the person by whom it purports to be written, signed, or attested and, if so, (b) how should these matters be established? When should material objects and other types of real evidence be admissible in evidence and why do they need to be accompanied by oral testimony? When, and subject to what safeguards, should a court inspect a place or object out of court?

Chapter

Cover Cross & Tapper on Evidence

XV. Documentary evidence  

This chapter deals with documentary evidence. It first discusses the authentication of documents, by looking at proof under the new provisions of statements in documents generally; proof of business, and public, records; procedure under the Civil Procedure Rules; and some special considerations applying to public documents and to bankers' books. Next, the chapter turns to the proof of the execution of private documents. Here, the chapter considers the proof of handwriting and attestation, alongside the special provision permitting the use of electronic signatures. Finally, this chapter concerns whether, once a transaction has been embodied in a document, evidence may be given of terms other than those it mentions, and, second, the extent to which evidence may be given of the meaning of the terms used in the document.