Authentication

Question 1

AUTHENTICATION OF WRITINGS AND SPOKEN
STATEMENTS

Answer 1

As a general rule, a writing or any secondary evidence of its content will not be received in evidence unless the writing is authenticated by proof that shows that the writing is what the proponent claims it is. The
proof must be sufficient to support a jury finding of genuineness (that is, a reasonable juror could conclude that the writing is genuine).

Question 2

Ancient Documents

Answer 2

A document can be authenticated by evidence that it:
* Is at least 20 years old when offered into evidence;
* Is in a condition that creates no suspicion as to authenticity; and
* Was found in a place where such a writing would likely be kept

Question 3

Self-Authenticating Documents

Answer 3

Certain writings are said to “prove themselves.” Extrinsic evidence of authenticity is not required for the following:
* Domestic public documents bearing a seal, and similar official foreign public documents;
* Official publications (such as a government pamphlet);
* Certified copies of public records or private records on file in a public office;
* Newspapers and periodicals;
* Trade inscriptions and labels;
* Acknowledged (notarized) documents;
* Commercial paper (including signatures thereon) and related documents; and
* Business records, electronically generated records, and data copied from an electronic device, if the records are certified and the proponent gives the adverse party reasonable written notice and
an opportunity for inspection