Authentication of Writings and Real Evidence CA Flashcards
Authentication of Ancient Documents
A document can be authenticated by evidence that it is sufficiently old, is in a condition that creates no suspicion as to authenticity, and was found in a place where such a writing would be kept.
Federal Rules: A document qualifies as “ancient” if it is at least 20 years old.
CA: The document must be more than 30 years old.
Authentication of Ancient Documents
A document can be authenticated by evidence that it is sufficiently old, is in a condition that creates no suspicion as to authenticity, and was found in a place where such a writing would be kept.
Federal Rules: A document qualifies as “ancient” if it is at least 20 years old.
Note: the hearsay exception for ancient documents applies to documents prepared before 1998.
CA: The document must be more than 30 years old. The hearsay exception follows authentication rule- applies to documents that are more than 30 years old.
Self-Authenticating Writings
Authentication is unnecessary for certain writings.
Federal and California law recognize a similar list of self-authenticating documents. However, in California, trade inscriptions and certified business records are not self-authenticating.
Best Evidence/Secondary Evidence Rule
Federal: “Best Evidence”, CA: “Secondary Evidence”
When a party seeks to prove the contents of a writing, the best evidence rule requires the party to produce the original.
A duplicate (i.e., an exact copy made by mechanical means, like a photocopy or carbon copy) is usually admissible to the same extent as the original
Best Evidence/Secondary Evidence Rule
Federal: “Best Evidence”, CA: “Secondary Evidence”
When a party seeks to prove the contents of a writing, the best evidence rule requires the party to produce the original.
A duplicate (i.e., an exact copy made by mechanical means, like a photocopy or carbon copy) is usually admissible to the same extent as the original.
Handwritten reconstructions or oral testimony is not admissible to prove the contents of the writing unless a satisfactory excuse is given for the non-production of the original.
CA: Duplicates AND any written secondary evidence of the contents of the original (reconstructed or handwritten copies) are all usually admissible unless it would be unfair or a genuine question of authenticity is raised. Oral testimony still not admissible.
