Los Angeles, CA asked in Federal Crimes and Health Care Law for California

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)

1 Lawyer Answer
James L. Arrasmith
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Answered

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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