The best evidence rule requires that if a document is offered in evidence, the original document or writing has to be submitted. A copy of the document will not be admitted unless the absence of the original is adequately explained. In addition, documentary evidence such as records, letters, bills, contracts, and similar writings have to be authenticated or identified before being admitted in evidence as genuine.

Methods of Authenticating Documents

  • A witness can testify that he or she is familiar with the document. For example, a person who was present when a contract was signed could offer testimony that he or she witnessed the signing and that the document was a contract, as it was claimed.
  • A non-expert witness can give an opinion as to the genuineness of the handwriting in a document, based on the witness's familiarity with the handwriting of the person signing the document.
  • An expert, known as a questioned document examiner, can compare two handwriting samples and give an opinion as to whether the same person wrote both.
  • Another method of authentication is for the trier of fact, the jury in a jury trial or the judge in a bench trial, to compare a known exemplar of a signature with the signature on a disputed document.
  • Business records can be authenticated and identified by the testimony of the custodian of the records unless the source of the information or the method of preparation of the records indicates a lack of trustworthiness.
  • Self-authenticating documents are documents, such as certified copies of public records, official documents, and newspapers, which do not require outside evidence of authenticity in order to be admitted in evidence.
  • Ancient documents are admissible without outside evidence of their authenticity. Recitals in ancient deeds are evidence of the facts recited in the deeds, when accompanied by possession under the deed or other corroborating circumstances. A will of such age as to make it competent as an ancient document may be competent to show the identity of persons mentioned in the will.