Los Angeles, CA asked in Contracts and Civil Litigation for California

Q: Specific California Evidence Code and statutes, how documents have to be verified for authenticity, or copies certified.

Specific California Evidence Code and statutes that define how documents have to be verified for authenticity, or copies certified.

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2 Lawyer Answers

A: You can authenticate them with:

Live testimony, Declarations, depositions, admissions, etc.

James L. Arrasmith
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Answered

A: Here are the key California Evidence Code sections and statutes related to document authentication and certification of copies:

1. Authentication of Writings (CEC §§ 1400-1421):

- CEC § 1400 defines authentication as "the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is."

- CEC § 1401 states that authentication is required before secondary evidence of the content of a writing may be received in evidence.

2. Methods of Authentication (CEC § 1410-1421):

- These sections provide various methods for authenticating documents, including:

- Testimony of a witness (§ 1413)

- Admission of the party against whom the evidence is offered (§ 1414)

- Comparison with authenticated specimens (§ 1418)

- Distinctive characteristics and circumstances (§ 1421)

3. Official Records and Certified Copies (CEC §§ 1530-1532):

- CEC § 1530 covers the admissibility of copies of official records.

- CEC § 1531 defines the requirements for certification of copies of official records.

- CEC § 1532 allows for the use of certified copies of official records without further proof.

4. Business Records (CEC § 1561):

- This section outlines the requirements for certifying copies of business records.

5. Self-Authenticating Documents (CEC § 1452):

- Certain documents, such as official publications, newspapers, and periodicals, are considered self-authenticating.

6. Electronic Records and Signatures (California Civil Code § 1633.1-1633.17):

- Known as the Uniform Electronic Transactions Act, these provisions cover the legal recognition and authentication of electronic records and signatures.

For specific authentication requirements, you may need to refer to the full text of these statutes. Additionally, case law interpreting these statutes can provide further guidance on their application.

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