How are Documents Authenticated in Civil Lawsuits

by Manuel Salvacion

Documents such as records, letters, bills, contracts, and similar writing form part of evidence in many lawsuits. In court, the best evidence rule requires that when a document is offered as evidence, the original document or writing has to be produced and submitted. To be admitted as evidence, a document has to be properly identified or authenticated.

In dealing with documentary evidence, the following things must be considered:

• Parole evidence – This is a principle in the common law of contracts which presumes that a written contract embodies the complete agreement between parties. As a rule, it forbids the introduction of ‘extrinsic’ information or external communication between parties, other than what is contained in the document.

• Best evidence – The issue in documentary evidence is competency, Hence, the best evidence rule in documents means the ‘the best and topmost form of evidence that can be produced for verification’.

• Authentication

• Hearsay – Based on legal definition, hearsay is evidence not proceeding from the personal knowledge of the witness, but is from the mere repetition of what he has heard others say.

What is Authentication?

Authentication is a rule that requires evidence to be sufficient to support a finding that the matter in question is what its proponent claims. This means that evidence must be proven genuine to be admissible.

Both parties in a trial can authenticate documentary evidence in much the same way as it can authenticate other real evidence. These are the common methods of document authentication:

• A witness, who is present during the signing of the document, can identify and attest to the existence of the document.

• A non-expert witness who is familiar with the handwriting or signature of the person, who signed the document, can also testify.


• An expert, a document examiner, who can compare handwriting samples and give his opinion regarding the document

• By so-called “trier of fact,” in which the jury or the judge would compare a known example of a signature with the signature on a disputed document

• Records of business transactions can be identified and authenticated by the custodian of the records.

• Certified copies of public records, official documents, and newspapers are self-authenticating documents that do not require outside authentication to be admitted as court evidence.

• Ancient documents also do not require outside authentication to be used as evidence. When presented with a corroborating circumstances or possession, ancient documents can be admitted as evidence in a trial.

Written documents when presented as evidence in courts are called documentary evidence. They form part of the basis for the resolution of cases.

However, certain documents do not require validation to be considered as original documents. Self-authenticating documents or documents that do not require outside authentication are the following:

1. acknowledge documents to prove receipt of such

2. some commercial paper and related documents

3. certificates of business records

4. certified copies of public records

5. newspapers

6. official documents

7. periodicals

8. trade inscriptions

Why Document Authentication is Necessary

If properly authenticated, documents can provide the courts the necessary information and help a judge or jury evaluate a case. Proper documents also provide resolution of the issue under question. In civil litigations, documentary evidence is an important part in determining the outcome of a case.


For more information about civil litigations, consult with competent California Attorney Services.

About the author
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday, he hoped to go back and devote more time to writing fiction, which is his first passion.

When is a Business Lawyer Needed?

by Manuel Salvacion

Are you starting a business? Hiring or firing top-level employees? Signing a deal or contract?

Buying or merging with another company?

When do you exactly need a business attorney?

Before hiring a business attorney, you might want to ask your prospect these questions:

• How long he has been practicing law?

• What is his area of specialty?

• Has he represented a similar company before?

• Who are the other lawyers and paralegal who will work with him in the firm?

• How much are the legal fees and the expenses that will be charged?

• Are the sample legal forms, agreements and policies that you can see?

• How many corporations has he incorporated?

• Has he any experience in handling employment matters?

• Has he any experience in dealing with tax issues?

• Has he any business advice to keep you safe from lawsuits?

When serious legal problems arise, you will need the skills and experience of a business lawyer. Here are a few situations when the services of a business lawyer are needed:

• In special allocation meeting – This is the time when you and your business partner decide to set aside profits and losses in your partnership agreement

• When either one of you in the partnership wants to donate or contribute an appreciated property to the partnership

• When an employee or former associate threatens to sue your company

In addition, when business is running, you will need the services of a lawyer to do the following tasks:

• Prepare written agreements for hiring of contractors and consultants

• Create documents for clients and customers

• Document business meetings and actions

• Call and hold corporate meetings, and prepare its minutes

• Draft buy-sell agreements with business partners

• Update and make necessary changes in business agreements

• Handle tax audit

Generally, what a business attorney can do is protect your business from resource-draining lawsuits and litigation. A lawyer can always offer measures to avoid the potential danger of frivolous lawsuits. Here is some of it:

• Protect personal assets by separating personal property from business assets

• Give attention to details such posting of warning signs and labels on products

• Post store policies in public areas such as dressing rooms, in company literature on the website and even in store receipts

• Ensure potential hazards are cleared which include posting of warning signs to avoid accidents

• Make a record of customer phone requests, suggestions and complaints

• Attend to customer needs

• Supervise staff training on policies and guidelines

• Make insurance coverage for the company against accidents, injuries, theft, and liability.

Business attorneys are vital to business and finding the one who will truly represent your company is never easy. After selecting the lawyer that you need, the next thing to do is to find out information about his background and experience.

Former colleagues and clients can provide you with a wealth of information about a lawyer’s background and credentials. You can also check his membership in the state bar association to confirm his legal personality.


For more information about the most relevant business law applicable to your particular case, request the guidance of business law attorneys services.

About the author
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday, he hoped to go back and devote more time to writing fiction, which is his first passion.

When it’s absolutely essential to hire a Washington bankrupcy law firm

by Resolve Legal

Today, if you’re struggling financially and considering bankruptcy, chances are good you need a Washington bankruptcy attorney from a Washington bankrupcy law firm.

Yes, you can handle your own Chapter 7 bankruptcy, also known as a liquidation bankruptcy. But the federal bankruptcy law, revised in 2005, introduced a slew of technicalities into Chapter 7. So it’s become nearly impossible to successfully bring even a Chapter 7 bankruptcy without a thorough understanding of these technicalities and an ability to fulfill the legal requirements, some quite complex, now required by Chapter 7. If you must file under Chapter 13 – and sometimes you have not choice -- a Washington bankruptcy attorney from a Washington bankrupcy law firm is essential. Chapter 13 is far more complex than Chapter 7, and only a lawyer can navigate its provisions.

There are other times you also should retain a Washington bankruptcy attorney from a Washington bankrupcy law firm.

You can’t decide whether to file under Chapter 7 or 13
Even if you have substantial financial problems, bankruptcy may not be your best option. A Washington bankruptcy attorney from a Washington bankrupcy law firm can capably advise you on this question. And if bankruptcy is the right option, a Washington bankruptcy attorney from a Washington bankrupcy law firm can answer the question whether it should be filed under Chapter 7 or Chapter 13.

You’re heavily in debt or have substantial assets or your legal situation is complex.
In any of these situations, don’t delay hiring a Washington bankruptcy attorney from a Washington bankrupcy law firm. You need a Washington bankruptcy attorney from a Washington bankrupcy law firm to analyze your legal position and advise you what to do.

You could suffer a default judgment.
If you’re sued by a creditor, you need to file a timely response; otherwise you’ll be slapped with a default judgment. If that happens, the creditor will be legally entitled to the amount specified in the complaint and can come after your assets to satisfy the judgment. To prevent this from happening, a Washington bankruptcy attorney from a Washington bankrupcy law firm will take the necessary steps to prevent a default judgment from being entered against you.

Your debt is secured by a home or a car.
Like many other people in Washington, you may have a home mortgage payment due each month. But, because of financial troubles, you may not be able to make the payments, and the lender may try to foreclosure on your home. Consult a Washington bankruptcy attorney from a Washington bankrupcy law firm at once. You need legal help if you’re going to keep your home.

You’re being harassed by creditors.
Collection agencies often harass debtors, hoping to collect what creditors are owed. However, they can’t do this once you hire a Washington bankruptcy attorney from a Washington bankrupcy law firm. The harassment must stop.

Another reason to hire a Washington bankruptcy attorney from a Washington bankrupcy law firm: A Washington bankruptcy attorney from a Washington bankrupcy law firm almost always will find ways to save you more money than you spend in legal fees.

About the author
Please visit http://www.resolvelegal.com for more information about Washington bankrupcy law.

Toronto personal injury lawyer

by Andrew Simon

Toronto personal injury lawyers are efficient and effectively handle the compensation claim procedure after any kind of personal injuries. Following any sudden accident we often bother about the expenditures associated to the treatments and the accident and search for effective method of medical claims. The entire process can become easier with the help of an accident injury lawyer. Legal representations of any accident are indeed essential and these accident injury lawyers make the entire process hassle free and simple. It is indeed a good idea to have a clear idea regarding the accident injury lawyers who provide assistance in the city of Toronto.

There are plenty of accident injury lawyers that provide information and counseling sessions for the common people just to increase awareness. It is indeed a good idea to seek their assistance. In case of self applications for any sort of accident related expenditure claim in Toronto it is a good idea to consult with the accident injury lawyers. These lawyers are skilled and have all the details of appropriate medicinal expenditure claims. So instead of procrastination it is advisable to have consultation with the accident injury lawyers. Many of these lawyers have toll free customer care numbers and it is best to book a counseling session. Foremost it is necessary to identify a good Toronto based personal injury lawyer, all law firms do not offer similarly effective services.

Many of the Toronto personal injury lawyers maintain web portals and these websites are highly interactive. With a few clicks of mouse it is possible to have in-depth idea regarding the particular claim associated Toronto lawyer. There are also several online articles of these Toronto personal injury lawyers and self-research can be of immense help to be well informed about them. The committed lawyers can with ease erase any doubts from the people’s mind who are really interested to initiate a proper claim. Popularity of these legal service providers is truly going uphill for their outstanding services.

While seeking suggestion and service from the Toronto personal injury lawyers, it is wise to have a clear idea about the terms and conditions that these lawyers maintain. The terms and conditions can be found in the web portals and the service agreement. Selection of any improper legal advisor can be just wastage of bucks, so it is best to make a comparative study between different legal service providers. In case of any doubts it is best to enquire through e-mail as the client mails are replied at the earliest. The types of personal injuries that the Toronto personal injury lawyers deal with must be known must before approaching them. Personal injury claims are now quite easy as these lawyers make the potential claim easier just against nominal fees. The yelllowpages usually offer address and contact details of the personal injury lawyers, on the other hand it is also possible to locate them from with a little research in the World Wide Web.

About the author
Andrew Simon Personal Injury Law Firm has represented persons from all walks of life in virtually every type of personal injury claims for injury suffered in a personal injury in a motor vehicle accident,slip and fall, you must have an aggressive and experienced personal injury lawyer on your side in order to be fully compensated.