Admissibility

Justice Bryon commented on the admitting in evidence of documents in NAB v Rusu.  He said that: Documents are not ordinarily taken to prove themselves … Before a business record or any other document is admitted in evidence it is obviously necessary that there should be an evidentiary basis for finding that it is what …

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Admitting documents as evidence

How do documents end up being admitted as evidence?  In Australian jurisdictions that follow the Uniform Civil Procedure Rules, there is, usually: Two (or more) parties An order for discovery (UCPR 21.2) A list of documents that the parties produce (UCPR 21.3) The production and inspection of documents (UCPR 21.10, 21.11) The (eventual) admission of …

Authenticity and reliability

Whether any document is accepted or admitted as evidence in court depends on a range of factors.  Electronic documents are no different. Proof of the authenticity and reliability of documents may be influenced by a range of factors including: The accuracy of the process the systems used to create them The source of the information …