document

An instrument on which is recorded, by means of letters, figures, or marks, the original, official, or legal form of something, which may be evidentially used. In this sense the term "document" applies to writings; to words printed, lithographed, or photographed; to maps or plans; to seals, plates, or even stones on which inscriptions are cut or engraved. In the plural, the deeds, agreements, title-papers, letters, receipts, and other written instruments used to prove a fact.

As used as a verb, to support with documentary evidence or authorities. Within meaning of the best evidence rule, document is any physical embodiment of information or ideas; e.g. a letter, a contract, a receipt, a book of account, a blueprint, or an X-ray plate. Strico v. Cotto, 67 Misc.2d 636, 324 N.Y.S.2d 483, 486.

See also documentary evidence

See also instrument

Ancient documents.

Deeds, wills, and other writings more than thirty years (twenty years under Fed.Evid.R. 803(16)) old are so called; they are presumed to be genuine without express proof, when coming from the proper custody.

Commercial law.

Under U.C.C., any paper including document of title, security, invoice, certificate, notice of default and the like. U.C.C. No. 5-103.

See also documentary draft.

Conflicts of law.

(1) Whether a right is embodied in a document is determined by the law which governs the right.

(2) As between persons who are not both parties to the conveyance,

(a) the effect of a conveyance of a right embodied in a document depends upon the effect of the conveyance of the document; and

(b) the effect of a conveyance of an interest in a document in which a right is embodied is determined by the law that would be applied by the courts of the state where the document was at the time of the conveyance. These courts would usually apply their own local law in determining such questions. Restatement, Second, Conflicts, No. 249