2. Authentication of Writings

Question 1

Methods of Authentication

Answer 1

1. Witness’ personal knowledge: Witness observed X sign document
2. Proof of Handwriting
3. Proof by Circumstantial Evidence
4. Ancient Document Rule—
5. Solicited Reply Doctrine

Question 2

Methods of proving a writing’s handwriting:

Answer 2

1. Lay person opinion (Lay witness testifies to opinion that X wrote document on basis of familiarity with X’s handwriting as result of experience in normal course of affairs.)
2. Expert comparison opinion (Handwriting expert testifies to opinion that X wrote document on basis of comparison between document and genuine sample (exemplar) of X’s handwriting.)
3. Jury comparison (Jury compares document with exemplar of X’s handwriting.)

Question 3

Proof of Handwriting by Circumstantial Evidence

Answer 3

A party may rely on circumstantial evidence—anything relevant that connects the alleged author to the document—such as appearance, contents, substance, internal patterns or other distinctive characteristics (e.g., if the document refers to information that only X would know, this may be used as an inference that X is the author).

Question 4

Ancient Document Rule

Answer 4

Authenticity may be inferred if document is:

1. At least 20 years old (New York: Period is 30 years.)
2. Facially free of suspicion
3. Found in place of natural custody

Question 5

Solicited Reply Doctrine

Answer 5

Document can be authenticated by evidence that it was received in response to a prior communication to the alleged author.

Question 6

Conditional relevancy standard

Answer 6

Document is admissible if court determines there is sufficient evidence from which a reasonable juror could conclude document is genuine, i.e., that X is the author.

Question 7

What are Self-Authenticating Documents?

Answer 7

Presumed authentic—no need for foundation testimony.

Shifts the burden of proof to the other side to show forgery or fraud.

Question 8

Examples of Self-Authenticating Documents

Answer 8

1. Official publications
2. Certified copies of public or private records on file in public office
3. Newspapers or periodicals
4. Trade inscriptions and labels
5. Acknowledged document
   Certified by notary
6. Signatures on Commercial paper

Question 9

Authentication of Photographs

Answer 9

Witness may testify on the basis of personal knowledge that the photograph is a fair and accurate representation of the people or objects portrayed.