4. Documents

Question 1

Documentary Evidence - Authentication

Answer 1

Parties can authenticate documents in a number of ways. Parties may stipulate to the authenticity of a document. A document can be authenticated by a witness with personal knowledge testifying that the document is what it is purported to be.

Question 2

Documentary Evidence - Handwriting Verification

Answer 2

A document can be verified by identifying a person’s handwriting in three ways: a non-expert witness with personal knowledge can testify to whom the handwriting belongs, an expert may collect samples of the alleged writer’s handwriting and determine the document contains that person’s handwriting, or the trier of fact can compare samples of the handwriting of the alleged writer.

Question 3

Documentary Evidence - Replies

Answer 3

Documents replying to previous correspondence can be used to show the authenticity of the document to which the reply was written.

Question 4

Documentary Evidence - Photos

Answer 4

Photos can be authenticated through the testimony of a person with knowledge of the facts relevant to the issue, if the witness verifies that the photo is an accurate depiction of what it purports to show.

Question 5

Documentary Evidence - Self-Authenticating

Answer 5

Extrinsic evidence of authenticity is not required for the following types of documents: certified copies of public records, official publications, newspapers, business records and trade inspections, and signatures of notary or domestic public employees.

Question 6

Documentary Evidence - Best Evidence Rule/Secondary Evidence Rule

Answer 6

If the terms of a writing are material, the original writing must be produced to prove those terms. Secondary evidence of a writing’s terms is admissible only when the original is unavailable.