Documentary Evidence
By Melissa McCall, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed November 13, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Documentary evidence is a type of tangible evidence, such as writings or recordings, used in legal proceedings to prove its contents. A contract offered to prove its terms is an example of documentary evidence. Emails, photographs, and wills are additional examples.
Attorneys use different types and forms of evidence to establish facts in a proceeding. This FindLaw article explores documentary evidence and how to challenge it in court.
What is Evidence?
Evidence is often used to prove a fact in a trial or criminal proceeding. The trier of facts, usually a jury or the judge, must weigh each piece of evidence and determine its veracity. This can include documents or oral testimony offered to establish facts in a legal proceeding. Attorneys choose from many types of evidence as they build a court case.
Types of Evidence
Two primary types of evidence include:
Documentary evidence
Demonstrative evidence
Documentary Evidence
Documentary evidence is often combined with physical evidence because it is often evidence that people can see, touch, or feel. Here is a list of types of documentary evidence:
Forensic evidence
Wills
Text messages
Leases
Public documents
Book
Medical records
Computer printout
Memoranda
Written statements (i.e., affidavit)
The opposite of physical evidence is testimonial evidence. Testimonial evidence is oral testimony offered as evidence, often under oath. Through their attorney, any party to the case can elicit oral testimony by asking a witness questions. Witness testimony is one type of testimonial evidence.
Demonstrative Evidence
Demonstrative evidence is evidence that demonstrates or illustrates witness testimony. Courts will admit demonstrative evidence that fairly and accurately reflects the witnesses' testimony. Demonstrative evidence must also have probative value, meaning it is likely to prove a relevant fact. Examples of demonstrative evidence include crime scene photos and maps.
Challenging Documentary Evidence
Attorneys on both sides of a trial or hearing can challenge a document's admissibility. Here are ways to challenge a document's admissibility in court:
Parol evidence rule
Authentication
Best evidence
Hearsay
Parol Evidence
The parol evidence rule prohibits the admission of certain evidence about the terms of a written agreement. It assumes that the language included in a signed agreement reflects the parties' final and complete agreement. This rule could bar evidence of any earlier agreements not included in the final written agreement. Exceptions to the parol evidence rule are issues of substantive law rather than pure evidentiary matter.
Authentication
Authentication shows the court that a piece of evidence is what it claims to be. Authentication of documentary evidence is similar to other real evidence. The failure to properly authenticate a document could result in the court denying its admissibility.
Authenticating Documentary Evidence
Here are a few ways to authenticate documentary evidence:
When a party testifies, on the record, to its existence
When a witness with personal knowledge confirms what the document contains
When a witness confirms handwriting or other aspects of the document
An example of authentication is an accountant who testifies to the existence of a tax return.
Self-authenticating Documents
Some documents are self-authenticating under the Federal Rules of Evidence (FRE). These include:
Acknowledged documents to prove the acknowledgment
Certain commercial paper and related documents
Certificates of the custodians of business records
Certified copies of public records
Newspapers
Official documents
Periodicals
Trade inscriptions
Best Evidence Rule
Attorneys use the best evidence rule to deny the admissibility of copies or replications of certain documents. Under this rule, an attorney offering the contents of a written document must produce the original document.
The FRE permits the use of mechanically reproduced documents unless:
One of the parties raises genuine questions about the accuracy of the copy
A party shows that its use would be unfair
Also, the FRE permits the admission of summaries or compilations of lengthy documents as long as parties can examine the originals.
Learn More About Documentary Evidence from an Attorney
Whether you or a loved one is a defendant or witness in a criminal case, you face a high likelihood of giving documentary evidence. A qualified criminal defense attorney can help. They are experts in criminal procedure and can offer sound legal advice. Speak to an experienced local criminal defense attorney today.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many attorneys offer free consultations.
Stay up-to-date with how the law affects your life

Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.