Jignesh Shah (Lawyer) 26 July 2023

Question on exhibiting the documents (evidence)...

Hello. I need some guidance on how to tender evidence.

I already submitted Affidavit-in-Chief in the Divorce case along with a list of documents. These documents were the photocopies of the originals (simple "True Copy" stamp on these documents; Not True Copies with tickets affixed, etc.).

Now I do have all the original documents of these photocopies. My cross-examination has not yet started.

What should I do so that this important documentary evidence is properly exhibited ? I do not want to submit the originals; I would rather have them seen / verified by the Court and then returned to me.

Kindly advise. Thank You

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3 Replies

Real Soul.... (LEGAL) 26 July 2023

You should submit the documents in court and they can be returned to you back anytime . However when you will refere the documents during cross examination the court will exhibit the origimnals and will keep on record .

Advocate Bhartesh goyal (advocate) 26 July 2023

Court will mark exhibit on original documents so you have to submit original documents in court and after marking exhibits on them you have to submit certified copies of documents in court a d have to request for return of original documents .

Jignesh Shah (Lawyer) 26 July 2023

Thank you so much for the replies. Here's the issue and hence my apprehension.

In one of our cases, my entire Court case file with the original documents has been lost for months and has not been found yet. I expect a foul play by the other side as it was at my Evidence stage and happened after I had submitted these original documents (and before the Court could admit the same).

This is why I have not submitted the original documents this time. I am, of course, ready to produce the same for verification/review purpose before the Court as and when required; I just do not want to leave them in the Court for obvious reasons.

Can this be done ? Thank you once again.