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Federal Evidence • Documentary Evidence
EVID#103
Legal Definition
Prior to a writing or other physical evidence being admitted into court, it must first be authenticated by someone who can prove that the document is what it purports to be.
Plain English Explanation
Think of authentication like verifying the identity of a person before letting them into a secured building. In court, before a document or any physical item can be used as evidence, it has to go through a similar "identity check." This process is called authentication. The idea is to prove that the item is real and exactly what it appears to be. This rule is important because it ensures that only genuine evidence is considered in court, preventing fake or misleading items from affecting the outcome of a case. For example, if someone claims to have a letter written by a famous person, they have to prove that it's actually from that person and not a fake. This process helps maintain fairness and accuracy in legal decisions.
Hypothetical
Hypo 1: Bob finds a letter supposedly written by Sam confessing to a crime. Bob wants to use this letter in court. Result: Before the letter can be used in court, Bob needs to prove that the letter was indeed written by Sam, which is the process of authentication. If Bob can't authenticate the letter, it won't be accepted as evidence.
Hypo 2: Sam presents a signed contract in a lawsuit against Bob, claiming Bob agreed to sell his car to Sam. Result: The court requires Sam to authenticate the contract, proving that the signature is indeed Bob's and that the contract is valid. Only then can the contract be used as evidence.
Hypo 2: Sam presents a signed contract in a lawsuit against Bob, claiming Bob agreed to sell his car to Sam. Result: The court requires Sam to authenticate the contract, proving that the signature is indeed Bob's and that the contract is valid. Only then can the contract be used as evidence.
Related Concepts
How are ancient documents authenticated?
In California, how are ancient documents authenticated?
In California, what types of documents are self-authenticating?
What is he Best Evidence Rule?
What is the Secondary Evidence Rule?
What types of documents are self-authenticating?
When assessing the Secondary Evidence Rule, when is an original or duplicate not required?
When can someone authenticate a letter they received?
Who can authenticate a voice?
