Q: Certification of contents, authenticity of documents
What california evidence codes, statutes and rules are VERY specific
to certification of contents,
authentication and verification of documents under oath? (Originals or copies of documents)
A:
To answer this question, we need to look at several specific California Evidence Codes and rules related to the certification, authentication, and verification of documents. Here are the most relevant provisions:
1. California Evidence Code Section 1400-1402: Authentication
These sections provide the general rules for authentication of writings. Section 1400 states that authentication of a writing is required before it may be received in evidence. Section 1401 outlines the requirements for authentication.
2. California Evidence Code Section 1530-1532: Official Writings and Recorded Writings
These sections deal specifically with the authentication of copies of official writings and recorded writings. Section 1530 provides methods for authenticating copies of official records or entries.
3. California Evidence Code Section 1550-1551: Photographic Copies
These sections address the admissibility of photographic copies of writings as secondary evidence.
4. California Evidence Code Section 1560-1567: Business Records
These sections detail the requirements for certifying business records, including the form of affidavit to be used.
5. California Evidence Code Section 1452: Official Seal
This section creates a presumption of authenticity for documents bearing an official seal.
6. California Code of Civil Procedure Section 2015.5: Certification or declaration under penalty of perjury
This section allows for certification or declaration under penalty of perjury in lieu of an affidavit in many circumstances.
7. California Rules of Court, Rule 2.1040: Electronic recordings presented as evidence
This rule outlines the requirements for authenticating electronic recordings offered as evidence.
8. Federal Rules of Evidence 901 and 902
While not California-specific, these federal rules on authentication and self-authentication are often referenced in California courts, especially for federal crimes.
These codes and rules provide specific guidance on how to properly certify contents, authenticate documents, and verify them under oath in California. They cover various types of documents, including originals and copies, and address both physical and electronic records.
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