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An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow...
The law of evidence governs the use of testimony (eg. ...
Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ...
Authentication
With respect to authentication, an "ancient document" is one that may be deemed authentic without a witness to attest to the circumstances of its creation because its age suggests that it is unlikely to have been falsified in anticipation of the litigation in which it is introduced. This article is about witnesses in law courts. ...
A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ...
Under the Federal Rules of Evidence ("FRE"), a document is deemed authentic if it as: The Federal Rules of Evidence (FRE) are the rules that govern the admissibility of evidence in the United States federal court system. ...
- at least twenty years old;
- in a condition that makes it free from suspicion concerning its authenticity; and
- found in a place where such a writing was likely to be kept.
Many states have similar rules, but may limit the application of the doctrine to specific kinds of documents such as dispositive instruments (primarily conveyances, deeds, and wills), and may require the documents to be even older. A U.S. state is any one of the 50 states (four of which officially favor the term commonwealth) which, together with the District of Columbia, form the United States of America. ...
Hearsay Ancient documents also present an exception to the hearsay rule. FRE 803(16) applies this exception to all documents over twenty years old. Because of their age, they may be presented as evidence of the truth of any statements contained therein. Many states follow this rule as well, but again most limit it to documents that dispose of property. |