What do you mean by evidence admissible when the original document is a public record

Answer 1

When it comes to legal proceedings, the admissibility of evidence refers to whether the evidence can be considered by a judge or jury in deciding a case. Public records are one category of documents that are often admissible under certain conditions.

Public records include documents or pieces of information that are created or maintained by a governmental entity and are available to the public. Examples include birth certificates, court records, marriage licenses, deeds, and governmental reports.

Here are some key points about the admissibility of public records:

1. **Relevance**: Like all evidence, public records must be relevant to the matter at hand. They need to have some probative value in establishing a fact that is of consequence to the determination of the action.

2. **Authentication**: Public records must be authenticated. This means there must be sufficient evidence to support that the document is what it claims to be. Public records are often self-authenticating, meaning they do not require additional testimony or certification to be admitted.

3. **Hearsay Exception**: Normally, out-of-court statements are not admissible in court due to the hearsay rule. However, public records can often fall under exceptions to the hearsay rule, such as the "public records" exception. This exception allows for the admission of records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth the activities of the office or agency, matters observed pursuant to duty imposed by law, or factual findings from an investigation made pursuant to authority granted by law, provided neither the source of information nor other circumstances indicate a lack of trustworthiness.

4. **Best Evidence Rule**: This rule requires that, to prove the contents of a writing, recording, or photograph, the original must be produced, unless a valid exception applies. Public records often qualify under exceptions to this rule, especially if they are certified copies.

5. **Accessibility and Copies**: Public records are generally accessible to the public, and certified copies are usually obtainable from the governing authorities. Courts may accept these certified copies as equivalent to the originals.

In summary, public records often hold a special status in legal proceedings due to their inherent reliability and their creation and maintenance by government bodies. While they must still meet certain criteria like any other evidence, their path to admissibility in court tends to be smoother compared to other types of evidence.