Question

discuss the issues surrounding obtaining and preserving documentary evidence to insure its use, if necessary, at any future trial

Answer 1

Documentary evidence: It is any evidence that can be produced in any trial as a proof to insure from consequences of trial.

Issues surrounding obtaining documentary evidence:

1. The client may be afraid of any consequences in giving evidences.

2. The evidence may be abstract and thus cannot be collected as a document and thereby ending up with no evidence.

3. Evidence may be stored in a place which even if accessible cannot be restored.

4. Evidence may be digital or physical. Physical evidence obtaining is the most hectic job as it involves lot of human intervention and it may be misused by interested party.

Issues surrounding preserving documentary evidence:

1. If evidence is physical then storage cost of such evidences might be material.

2. Physical evidence stored might not be retractable due to damage.

3. Digital evidence storage requires lot of encryption and it involves huge cost.

4. Digital evidence is vulnerable to hacking and it should be protected.