Documentary evidence is any evidence

Evidence (law)

The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...

 introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper (such as an invoice

Invoice

An invoice or bill is a commercial document issued by a seller to the buyer, indicating the products, quantities, and agreed prices for products or services the seller has provided the buyer. An invoice indicates the buyer must pay the seller, according to the payment terms...

, a contract

Contract

A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

 or a will

Will (law)

A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...

), the term actually include any media by which information can be preserved. Photographs, tape recordings, films, and printed emails are all forms of documentary evidence.

Documentary versus physical evidence

A piece of evidence is not documentary evidence if it is presented for some purpose other than the examination of the contents of the document. For example, if a blood-spattered letter is introduced solely to show that the defendant stabbed the author of the letter from behind as it was being written, then the evidence is physical evidence, not documentary evidence. However, a film of the murder taking place would be documentary evidence (just as a written description of the event from an eyewitness). If the content of that same letter is then introduced to show the motive for the murder, then the evidence would be both physical and documentary.

Authentication

Documentary evidence is subject to specific forms of authentication

Authentication

Authentication is the act of confirming the truth of an attribute of a datum or entity...

, usually through the testimony

Testimony

In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...

 of an eyewitness

Witness

A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...

 to the execution of the document, or to the testimony of a witness able to identify the handwriting

Handwriting

Handwriting is a person's particular & individual style of writing with pen or pencil, which contrasts with "Hand" which is an impersonal and formalised writing style in several historical varieties...

 of the purported author. Documentary evidence is also subject to the best evidence rule

Best evidence rule

The best evidence rule is a common law rule of evidence which can be traced back at least as far as the 18th century. In Omychund v Barker 1 Atk, 21, 49; 26 ER 15, 33, Lord Harwicke stated that no evidence was admissible unless it was "the best that the nature of the case will allow"...

, which requires that the original document be produced unless there is a good reason not to do so.