Writings and other Physical Evidence

Question 1

How old must documents be to be considered ancient in CA?

Answer 1

30 years.

Question 2

What is the rule regarding ancient documents?

Answer 2

If the document is 30 or more years old, does not on its face present irregularities, and was found in a place of natural custody, authenticity is established.

Question 3

What documents are “self-authenticating”, and thus require no authentication?

Answer 3

Certified copies of public documents, deeds, acknowledged documents, official publications, newspapers, periodicals, business records (Federal only), and trade inscriptions (federal only)

Question 4

What is the secondary evidence rule? What is Prop 8’s effect on it?

Answer 4

A rule that requires proof of contents with original but with many exceptions. This is exempt from Prop 8.

Question 5

Other than the original, what tangible evidence is admissible to prove contents of a writing?

Answer 5

FRE: Duplicates

CEC: Duplicates, and other written evidence of contents of original, such as handwritten notes.

Question 6

When is testimony admissible to prove contents of a writing?

Answer 6

Testimony regarding contents of a writing may be admissible where original lost or destroyed, unless bad faith by proponent of testimony.