Basics of Evidence

By Ahmad Shauki Alizan Tetuan Armiy Rais

...that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue~Blackstone
all the legal means exclusive of mere argument, which tend to prove or disprove any matter of fact, the truth of which is submitted to the judicial investigation~Taylor

Definition of Evidence

Types of Evidence

How To Tender Evidence In Court

Civil Proceeding
Both parties have to list down their evidence and exchange between them

Gather all the documents and bind them together.

The documents will be bound either as Common or Separate Bundle of Documents. The bounded documents must be marked as Part A (agreed documents), Part B (agreed but contested) and Part C (non agreed documents) For physical evidence that cannot be compiled or bound, photographs must be taken or the evidence must be photocopied. The actual evidence need to be kept safely to be brought to the court on the trial date Documents must be filed into court and served to other party

On the trial day , the documents will be examined.

should there be any necessity, the maker of the documents, must be present in court to testify on the authenticity of the said document

The agreed documents will be marked as an exibit by the court. E.g. P1 for Plaintiff and D1 for Defendant For documents which is not agreed. It will be not be marked as an exibit. Instead, it will be marked as ID (identified document)

How To Tender Evidence In Court

Criminal Proceeding
Prosecution Police will gather all the evidence from the crime scene Chemists/Jabatan Kimian will conduct analysis and produce report. The evidence will be kept by the Chemist (CSI)/Jabatan Kimia until the trial date The actual evidence need to be kept safely to be brought to the court on the trial date. Should there be any necessity, the maker of the documents, must be present in court to testify on the authenticity of the said document Defence The defence counsel will gather the relevant evidence and keep them safely On the trial day , the documents will be examined. Should there be any necessity, the maker of the documents, must be present in court to testify on the authenticity of the said document Both prosecution and defence to list down their evidence and exchange between them

On the trial day , the documents will be examined. the maker of the documents/witness, must be present in court to testify on the authenticity of the said document The evidence will be marked as an exibit by the court. E.g. P1 for Plaintiff and D1 for Defendant For documents which is not agreed. It will be not be marked as an exibit. Instead, it will be marked as ID (identified document)