Authentication, Writings, and Real Evidence

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

Methods of Authentication

Answer 2

Parties may admit the genuineness of a document by the pleadings or by stipulation. A document can also be authenticated by other evidence, and the following are examples of proper authentication:

1. Opponent’s Admission
2. Eyewitness Testimony
3. Handwriting Verifications
4. Ancient Documents
5. X-Ray Pictures, Electorcardiograms, Etc.