Q: How verification of authenticity of person is achieved in legal discovery?

A: Under California law, there are a few key ways to verify the authenticity of a person or record during legal discovery:

1. Depositions: Conducting a deposition under oath allows you to question the person who created a record or has relevant knowledge. Their sworn testimony can help establish authenticity.

2. Declarations or Affidavits: You can request that the person creating a record provide a signed declaration or affidavit under penalty of perjury attesting to the record's authenticity.

3. Requests for Admission: Serving the other party with Requests for Admission asking them to authenticate specific records can be an efficient way to establish genuineness.

4. Producing Originals: If questions arise, you can demand production of original records rather than copies, under the "best evidence rule." Examining originals may resolve authenticity doubts.

5. Testimony of Witnesses: Witnesses with knowledge of the records or how they were created can provide authenticating testimony.

6. Expert Analysis: For questioned documents, handwriting analysis or other expert examination may be used if authenticity is doubtful.

To avoid unreasonable delays, be proactive in seeking stipulations from the other side as to authenticity of records. Initiate discovery requests early and set depositions promptly. Follow up and bring any disputes to the court's attention quickly via motions to compel if the other side is not cooperative.

The overarching requirement is that the evidence must be sufficient to support a finding that the record is what the proponent claims. Focusing discovery on meeting that standard efficiently is key.