The document can be regarded as the most important
and common evidence of parties' allegations in civil actions and
non–criminal affairs. The definition, bases, kinds and the conditions of
formulation of documents make a part of "substantive law" of evidence
whose recognition determines the extent of probative ability of the
document. The document that proves the claimant's allegations is
basically in his hand. However it is possible in some cases that the
document proving the allegation is not in the hand of the person citing
it. In this case, in some circumstances, he can ask it to be given.
In the position of the proving the claim or the
defense, it can't be cited to any document, but the possibility of the
citing requires the document to be "valid". The word of the validity
regarding the different concepts of it in the statutes, can be
considered under three titles: "validity", "the extents of the validity"
and "the documentation capability of the document" all respectively
equivalent to these: "the assumption of the originality of the
document", "bearing the legal effects of the document subject matter"
and "probative capability of the document as an evidence".
The person, against whom the document is cited, in
order to defend himself against the document and the prevention of his
failure in the action, can select one of these two methods: "substantive
defense" and "procedural defense". Procedural defense is possible in
three kinds: "denial", "doubt" and "the claim of the forgery".
Nevertheless, in addition to this fact that "denial", "doubt" and "the
claim of the forgery" are possible to be raised coincidently or
constantly, "substantive defense" and "procedural defense" are also
possible to be raised coincidently or constantly. In this way, the court
should, according to the case, hear one of the defenses raised and
ignore the others.
The document given as evidence may, in some
circumstances, conflict with other evidence available at the proceedings
including testimony, confession, indications, etc. In this case the
court must, according to the case, prefer the document or the competing
evidence from among the two pieces of evidence and judge on the base of
it.