View source for Authentication (law)

{{Short description|Term in evidence law}}
{{Evidence law}}
'''Authentication''', in the [[law]] of [[evidence (law)|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.

==Types of documents==

For [[handwriting|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.<ref name="Saltzburg">{{cite book|title=Trial Tactics|first1=Stephen A.|last1=Saltzburg|page=43|date=2007|url=https://books.google.com/books?id=Kieo-S5hQFkC&pg=PA43}}</ref> Alternatively, a [[Expert witness|handwriting expert]] can be called to testify based on their expertise in the field and examination of samples that the handwriting on the document is authentic.<ref name="Saltzburg"/>

There are several kinds of documents which have generally been deemed to be [[self-authenticating documents]]. Under the [[Federal Rules of Evidence]], these include commercial labels, newspapers and other periodicals, and official publications of an arm of the government.<ref>{{cite web |title=Federal Rules of Evidence, Rule 902 - Evidence that is Self-Authenticating |url=https://www.law.cornell.edu/rules/fre/rule_902 |website=Cornell Law School Legal Information Institute |access-date=November 1, 2024}}</ref>

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.<ref name=":0">{{Cite web |title=ancient document rule |url=https://www.law.cornell.edu/wex/ancient_document_rule |access-date=2024-02-26 |website=LII / Legal Information Institute |language=en}}</ref>

==References==
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[[Category:Evidence law]]

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