单词 | Notice disputing authenticity of document |
释义 | 爭議文件真確性的通知書 Following inspection of the documents specified in a list of documents, the notice served on the opposing party stating that the authenticity of a document is not admitted and is required to be proved at the trial. Such notice must be filed before the expiration of 21 days after inspection or the time limited for inspection expires: The Rules of the High Court (Cap 4A) O 27 r 5(2). If no such notice is filed within the time period, it is deemed to be authentic: O 27 r 5(3). In criminal trial, the document must be authentic before it can be considered whether or not it is admissible. Evidence of secondary facts can be admitted to demonstrate that the proffered document is authentic and original, that is to say that it was made or found in the manner described by the proponent and that it has not since been altered or tampered with: R v Robson [1972] 1 WLR 651; R v Stevenson [1971] 1 WLR 1. The party proffering the evidence should be required to do no more than establish a prima facie case of authenticity or originality: R v Robson, supra; R v Stevenson, supra. The test of authenticity is that the document is supported by sufficient evidence that it is what its proponent claims. See also Authenticity; Best evidence rule; Original document. |
随便看 |
|
法律词典收录了8080条英汉双解法律词条,基本涵盖了常用法律英语单词及短语词组的翻译及用法,是法律学习的有利工具。