Escolar Documentos
Profissional Documentos
Cultura Documentos
Types of evidence
1. Testimonial
a. Oral depositions by witnesses
2. Real
a. Objects used in the commission of a crime
3. Documentary
a. Content of a written evidence
NOTE:
Direct examination
Cross examination
Counsel of the adverse party questions the witness to disprove the credibility of his testimony;
Still testimonial. Theoretically the basis is the oral deposition of the witness, only it is
made in writing. However, some courts hold that this is a documentary evidence
Admissibility of evidence
Competent
Relevant
Evidence is relevant when it has the probative value in determining the veracity of the
allegations in the complaint
Material
Guidelines in evidence gathering
Documentary
(Sec 36, rule 130) Best evidence rule: must be the original copy
Exception:
Testimonial
Exception:
1. CHRONOLOGICAL;
2. JURAT: DATED, SIGNED AND NOTARIZED;
3. PARAGRAPH MUST BE NUMBERED;
4. ONE THOUGHT PER PARAGRAPH;
5. ACC TO PERSONAL KNOWLEDGE;
6. MUST BE DETAILED AS POSSIBLE;
7. MADE IMMEDIATELY AFTER THE EVENT (MEMORY IS STILL FRESH)
8. REMEMBER 5W AND 1H
9. MUST BE IN A LANGUAGE USED BY THE AFFIANT
NOTE: can be done in English despite the fact that it was deposed by the affiant in another
dialect. Depends in the credibility and knowledge (of the English language) of the affiant, or
it can be seen that the affiant understood the context despite the use of English language;