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.

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

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.

Delaram Keshvarian
Delaram Keshvarian
Answered
  • Orange, CA
  • Licensed in California

A: You can authenticate them with:

Live testimony, Declarations, depositions, admissions, etc.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.