authentication

authentication, n.

1. Broadly, the act of proving that something (as a document) is true or genuine, esp. so that it may be admitted as evidence; the condition of being so proved (authentication of the handwriting). [Cases: Criminal Law 444; Evidence 366–381.]

2. Specif., the assent to or adoption of a writing as one’s own.

“The concept of authentication, although continually used by the courts without apparent difficulty, seems almost to defy precise definition. Some writers have construed the term very broadly, as does Wigmore when he states that ‘when a claim or offer involves impliedly or expressly any element of personal connection with a corporeal object, that connection must be made to appear ….’ So defined, ‘authentication’ is not only a necessary preliminary to the introduction of most writings in evidence, but also to the introduction of various other sorts of tangibles.” John W. Strong et al., McCormick on Evidence § 218, at 350 (5th ed. 1999)(italics in original).

self-authentication. Authentication without extrinsic evidence of truth or genuineness. • In federal courts, certain writings, such as notarized documents and certified copies of public records, may be admitted into evidence by self-authentication. Fed. R. Evid. 902. [Cases: Criminal Law 444; Evidence 366–381.]


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