CA Authentication, Writings, and Real Evidence Flashcards
Authentication
Ancient Documents Rule: can be authenticated by evidence that it is sufficiently old, in condition that creates no suspicion as to its authenticity, and was found in a place where such a writing would be kept
Fed = Doc can be authenticated if at least 20 years old.
CA = doc must be more than 30 years old
Related Hearsay Exception for Ancient Documents:
Fed = hearsay exception if doc is made before 1998
CA = timing same as authentication, must be more than 30 years old
Self-Authenticating Docs:
In CA, trade inscriptions and certified business records are NOT self authenticating, but they are under fed law.
Best Evidence Rule / CA “Secondary Evidence” Rule
When a party seeks to prove the contents of a writing, the best evidence rule requires the party to produce the original.
In CA, the best evidence rule is called the “secondary evidence rule.” This rule is exempt from Prop 8 (even in crim case, not getting in just because it’s relevant).
Admissibility of Duplicates and Other Secondary Evidence:
1) Fed rules = where best evidence rule applies, a duplicate is usually admissible to the same extent as the original (unless it would be unfair to do so or a genuine question is raised about authenticity). Secondary evidence (handwritten note, witness testimony, etc) could also be admissible to prove contents if there’s a proper EXCUSE given for why the original is not available.
2) CA rules = where the secondary evidence rule applies, duplicates and any written secondary evidence of the contents of the original are usually all ADMISSIBLE to prove contents. Oral testimony is NOT admissible about the contents of the writing unless there’s a good excuse given.
