LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Documents – Objection Need Not Be Pleaded
PRINCIPLE STATEMENT
An objection to the admissibility of a document is hardly raised by way of pleadings because it is not usual for the other side, except perhaps in the case of a public document, to know prior to the tendering thereof the exact nature, condition or contents of the private document sought to be tendered by his adversary to enable him decide before pleadings are settled whatever objections as to admissibility that he ought to raise.
RATIO DECIDENDI (SOURCE)
"An objection to the admissibility of a document, as contended by learned appellants' counsel, is hardly raised by way of pleadings. The reason is obvious. This is because it is not usual for the other side, except perhaps in the case of a public document to know prior to the tendering thereof, the exact nature, condition or contents of the private document sought to be tendered by his adversary to enable him decide before pleadings are settled whatever objections as to admissibility that he ought to raise."
EXPLANATION / SCOPE
Admissibility objections are raised at trial when documents are tendered, not in pleadings, because: (1) parties typically don’t know opponents’ documents’ exact nature before trial; (2) admissibility defects may only become apparent when documents are tendered; (3) pleading objections would require anticipating unknown documents. Exception: public documents—parties may know about these in advance and could plead objections. But for private documents: nature, condition, and contents are unknown until tendering, making advance objection impractical. Procedure: when a document is tendered, the opposing party objects to admissibility, court rules on objection (sometimes through voir dire), and document is admitted or rejected accordingly. This timing serves: practicality (can’t object to unknown documents), fairness (opportunity to object when document’s nature is revealed), and efficiency (focusing objections on actually tendered documents). The principle means failure to plead admissibility objections doesn’t waive them—such objections are properly made at tendering time.