Discuss four methods of authenticating a document or writing. Provide examples of each

Question

What will be an ideal response?

Answer 1

Documents and writings may be proven genuine and authentic by any of the following forms of direct evidence:
- Testimony of a witness who observed the signing or the writing of the document—for example, an officer who observed the defendant writing or signing a consent form or a confession.
- Testimony of the person who wrote or signed the document acknowledging that the writing is genuine and authentic.
- Regularly kept business records that are authenticated by witnesses who are custodians or supervisors of such records and who can testify that the writing offered for use in evidence is actually part of the records of the business. In such cases, the custodian or supervisor may not have actually seen the writing or document written or signed. However, the trustworthiness of the writing may be established with testimony that the writing was a regularly kept business record. The regularly kept business record exception is also sometimes referred to as the shop book rule or the business record exception.
- Testimony establishing proof of handwriting by an expert witness who is qualified to testify as to the identity of the writer of the document or writing.
- For example, an expert could testify about the identity of the writer of a check, a demand note in a robbery case, or a threat found in a writing sent to a victim.
- Testimony of a person who is not a handwriting expert but is well acquainted with the handwriting of the signer or writer of the document or writing. This could be a member of the family, a friend, or another person who has seen the handwriting of the writer frequently.