CHAPTER 1. Authentication and Proof of Writings [1400. - 1454.]

Chapter 1 enacted by Stats. 1965, Ch. 299.

§§ 1400–1454 · 21 sections

1. ARTICLE 1. Requirement of Authentication §§ 1400–1402 · 3 sections

   • § 1400 Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence…
   • § 1401 (a) Authentication of a writing is required before it may be received in evidence. (b) Authentication of a writing is required before secondary evidence of its…
   • § 1402 The party producing a writing as genuine which has been altered, or appears to have been altered, after its execution, in a part material to the question in…
2. ARTICLE 2. Means of Authenticating and Proving Writings §§ 1410–1421 · 13 sections

   • § 1410 Nothing in this article shall be construed to limit the means by which a writing may be authenticated or proved.
   • § 1410.5 (a) For purposes of this chapter, a writing shall include any graffiti consisting of written words, insignia, symbols, or any other markings which convey a…
   • § 1411 Except as provided by statute, the testimony of a subscribing witness is not required to authenticate a writing.
   • § 1412 If the testimony of a subscribing witness is required by statute to authenticate a writing and the subscribing witness denies or does not recollect the…
   • § 1413 A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness.
   • § 1414 A writing may be authenticated by evidence that: (a) The party against whom it is offered has at any time admitted its authenticity; or (b) The writing has…
   • § 1415 A writing may be authenticated by evidence of the genuineness of the handwriting of the maker.
   • § 1416 A witness who is not otherwise qualified to testify as an expert may state his opinion whether a writing is in the handwriting of a supposed writer if the…
   • § 1417 The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier of fact with handwriting (a) which the court finds was…
   • § 1418 The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was admitted or…
   • § 1419 Where a writing whose genuineness is sought to be proved is more than 30 years old, the comparison under Section 1417 or 1418 may be made with writing…
   • § 1420 A writing may be authenticated by evidence that the writing was received in response to a communication sent to the person who is claimed by the proponent of…
   • § 1421 A writing may be authenticated by evidence that the writing refers to or states matters that are unlikely to be known to anyone other than the person who is…
3. ARTICLE 3. Presumptions Affecting Acknowledged Writings and Official Writings §§ 1450–1454 · 5 sections

   • § 1450 The presumptions established by this article are presumptions affecting the burden of producing evidence.
   • § 1451 A certificate of the acknowledgment of a writing other than a will, or a certificate of the proof of such a writing, is prima facie evidence of the facts…
   • § 1452 A seal is presumed to be genuine and its use authorized if it purports to be the seal of: (a) The United States or a department, agency, or public employee of…
   • § 1453 A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of: (a) A public employee of the…
   • § 1454 A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his official capacity, of an officer, or deputy of an…