Authentication (law)
Encyclopedia : A : AU : AUT : Authentication (law)
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| Evidence |
|---|
| Part of the common law series |
| Types of evidence |
| Testimony · Documentary evidence |
| Physical evidence · Digital evidence |
| Exculpatory evidence · Scientific evidence (law)>Scientific evidence |
| Demonstrative evidence |
| Relevance |
| Burden of proof |
| Laying a foundation |
| Subsequent remedial measure |
| Character evidence · Habit evidence |
| Similar fact evidence |
| Authentication |
| Chain of custody |
| Judicial notice · Best evidence rule |
| Self-authenticating document |
| Ancient document |
| Witnesses |
| Competence · Privilege |
| Direct examination · Cross-examination |
| Impeachment · Recorded recollection |
| Expert witness · Dead man statute |
| Hearsay (and its exceptions) |
| Excited utterance · Dying declaration |
| Party admission · Ancient document |
| Declaration against interest |
| Present sense impression · Res gestae |
| Learned treatise |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and Trusts · '''Criminal law |
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentification can be shown in one of two ways. First, a witness can testify as to the chain of custody through which the evidence passed from the time of the discovery up until the trial. Second, the evidence can be authenticated by the opinion of an expert witness examining the evidence to determine if it has all of the properties that it would be expected to have if it were authentic.
For handwritten documents, any person who has become familiar with the purported author's handwriting prior to the cause of action from which the trial arose can testify that a document is in that handwriting.
There are several kinds of documents which have generally been deemed to be self-authenticating documents. These include commercial labels, newspapers and other periodicals, and official publications of an arm of the government.
A special category of evidence called an ancient document will be deemed authentic if it can be shown to be more than twenty years old, and found in a place and condition that a document of that age would likely be found.
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