Authentication of Writings

Question 1

When Authentication is needed

Answer 1

1) when the relevance of a writing depends on its source or authorship
2) a showing must be made that the writing is authentic
3) meaning it is what it purports to be

Question 2

Methods of authentication

Answer 2

1) witness’ personal knowledge
2) proof of handwriting
3) proof by circumstantial evidence
4) ancient document rule
5) solicited reply doctrine
6) self-authenticating documents

Question 3

Authentication: proof of handwriting

Answer 3

1) layperson opinion
2) expert comparison
3) jury comparison

Question 4

Authentication: proof of circumstantial evidence

Answer 4

1) appearance
2) contents
3) substance
4) internal patterns
5) other distinctive characteristics such as containing info only X would know

Question 5

Authentication: Ancient document rule

Answer 5

1) at least 20 yrs old
2) facially free of suspicion
3) found in place of natural custody
4) authenticity may be inferred

Question 6

Authentication: Solicited reply

Answer 6

1) document may be authenticated by evidence that it was received in response to a prior communication to the alleged author
2) good for text messages and emails

Question 7

Authentication: conditional relevancy standard

Answer 7

Document is admissible if court determines there is sufficient evidence from which a reasonable juror could conclude document is genuine

Question 8

Self-Authenticating Documents

Answer 8

1) official publication
2) certified copies of public or private records
3) newspapers or periodicals
4) trade inscriptions and labels
5) acknowledged document
6) commercial paper

Question 9

Authentication: photographs

Answer 9

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