Slide 3-1: Official and Informal Documents

Official Documents

• An official document contains a public servant's record of actions or receipts from concerned parties.
• The record must conform to legal conditions and be within the limits of the public servant's authority and jurisdiction, such as with a Notary Public.
• Documents not fulfilling official conditions become informal documents if signatures, seals, or fingerprints are affixed.
• Initials are insufficient, according to many scholars.

Enforceability

• Official documents are enforceable unless proven to be forgeries.

Official Copies

• An official copy of an existing original official document serves as evidence if it is a true copy.
• Official copies are deemed true unless contested, requiring verification against the original.
• If the original is missing, the official copy holds the binding force of the original, provided its external appearance aligns.
• Other copies are considered indicative.

Informal Documents

• Informal documents are considered originating from and evidence against the signing party.
• This is unless the party explicitly denies the handwriting, signature, seal, or fingerprint ascribed to them.
• This includes denial by successors, who must deny knowledge as well, and will require proof to be provided.
• Authenticity of an informal document cannot be denied if discussed before a judge or court after being invoked.
• One cannot claim unawareness of its issuance by the person from whom the right was received.

Correspondence

• Correspondence is binding as evidence via informal documents if signed or proven to be from the sender.
• This binding force is negated if the sender proves they did not send it or assign someone to send it.

Traders' Ledgers

• Electronic or normal ledgers from traders do not act as evidence against non-traders.
• Recorded data on supplies the traders made can allow the court to issue either party a complementary note.
• Orderly obligatory ledgers (electronic or paper) serve as evidence for the trader holding them against another trader concerning business matters
• This can be forfeited with counter-evidence from the opponent's orderly ledgers.
• Obligatory trader ledgers are evidence against the trader based on facts the opponent used to base the claim on:
  • Entries benefiting the ledger holder are also viewed as evidence in their favor.
• If a trader litigant bases their claim on an opponent's ledgers agreeing to be bound by them, the court may administer a suppletory oath to the litigant who based their claim on the ledgers.
• This occurs if the litigant refuses to provide ledgers or allow access without justification.

Private Papers

• Private papers, including electronic records, are not evidence against the issuer.
• Exceptions exist when the issuer explicitly acknowledges collecting a debt.
• Also an exception if the issuer intends the record to serve as a deed, establishing rights in someone’s favor.
• In all cases, if the statement lacks the issuer's signature other evidence can be provided.

Debt Deeds

• A creditor's handwritten annotation on a debt deed discharging the debtor constitutes evidence against the creditor until contradictory proof arises.

Document Submission

• A litigant can ask a judge or court to have the opposing side produce relevant electronic or paper documents when:
  • The document is jointly held, benefiting both or establishing mutual obligations/rights.
  • The opponent bases their claim on the document at any point in the proceedings.
• A document request must include:
  • Detailed descriptions of the document and its contents.
  • Evidence supporting the litigant's belief that the opponent possesses it.
  • Proof of the document's factual relevance and the reason for its submission request.
• The court orders document submission on specified dates:
  • If the litigant admits possession, remains silent, or the request's validity is proven
• If the litigant refuses after a grace period, the copy from the requester is considered an authentic original copy.
• Should the requester lack a copy, the courts will use the statement of the requests content and details to prove claims.

Document Denial

• If the litigant denies the document's existence and the requesting party can't validate their request, the court may ask them to swear an oath, confirming:
  • The document does not exist
  • There is no current knowledge of the documents existence
  • It was not hidden in order to prevent the claims against it
• The copy from the requester is deemed an authentic original if:
  • The litigant refuses the oath, or,
  • Tenders it back to the requester, who then takes the oath.
• The courts will fall back on a statement from the requester on the documents content and details, if no copy exists.

Court Authority

• A court or supervising judge, as applicable, may, sua sponte (of their own accord) or at a litigant's request appeal the case, by deciding to do the following:
  • To bring a third party to submit the document.
  • To request a document from a public authority, a copy thereof certified to be a true copy of the original if that is not possible for the litigant.
  • The court or supervising judge may ask the public authority to put any information relevant to the case that it has in writing or say it orally.