Authentication (law)
Encyclopedia
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, authentication 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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, is the process by which documentary evidence
Documentary evidence
Documentary evidence is any evidence introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper , the term actually include any media by which information can be preserved...
and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways. First, a witness can testify as to the chain of custody
Chain of custody
Chain of custody refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of evidence, physical or electronic...
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
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
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
Handwriting
Handwriting is a person's particular & individual style of writing with pen or pencil, which contrasts with "Hand" which is an impersonal and formalised writing style in several historical varieties...
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
Ancient document
An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule.-Authentication:...
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.