Ancient document

Ancient document

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.

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.

Under the Federal Rules of Evidence ("FRE"), a document is deemed authentic if it is:
#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.

By admitting an ancient document into evidence, it is presumed only that the document "is" what it purports to be, but there are no presumptions about the truth of the documents "contents". A jury can still decide that the author of the document was lying or mistaken when the author wrote it.

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.


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • ancient document — >> document. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • ancient document — noun In the law of evidence, a document which is admissible as an exception to the hearsay rule, and which is considered self authenticating, because it is older than a certain age (usually twenty years), in a condition that makes it free from… …   Wiktionary

  • ancient documents — An ancient document, within the rule which excepts ancient documents from the requirement of authentication by the testimony of subscribing witnesses or otherwise, applies to documents purporting to be 30 years or more old, which are produced… …   Ballentine's law dictionary

  • Ancient Egypt — was an ancient civilization in eastern North Africa, concentrated along the lower reaches of the Nile River in what is now the modern nation of Egypt. The civilization began around 3150 BC [Only after 664 BC are dates secure. See Egyptian… …   Wikipedia

  • ancient Rome — ▪ ancient state, Europe, Africa, and Asia Introduction       the state centred on the city of Rome. This article discusses the period from the founding of the city and the regal period, which began in 753 BC, through the events leading to the… …   Universalium

  • Ancient of Days — is a name for God in Aramaic: Atik Yomin ; in the Greek Septuagint: Palaios Hemeron ; and in the Vulgate: Antiquus Dierum .The title Ancient of Days has been used as a source of inspiration in art and music, denoting the creator s aspects of… …   Wikipedia

  • Ancient African history — is the study of the documented past from the beginning of recorded history until the Early Middle Ages. [http://www.historyofworld.net/ancient history m,7 o,3 i,47.html ancient history, historyofworld.net] ] The breadth of ancient history… …   Wikipedia

  • Ancient University — On appelle ancient university (ancienne université) une université anglaise, écossaise ou irlandaise fondée avant le XIXe siècle. Ces universités sont les suivantes, par ordre de création: l université d Oxford, Angleterre, créée en 1167 l… …   Wikipédia en Français

  • ancient writing — An original document affecting the transfer of real property, which can be admitted as evidence in a lawsuit because its aged condition and its location upon discovery sufficiently establish its authenticity. Dictionary from West s Encyclopedia… …   Law dictionary

  • Ancient Domains Of Mystery — Concepteur Thomas Biskup Date de sortie 1994 Genre Rogue like Mode de jeu Un joueur Plate forme Linux, DOS, Amiga, Mac OS …   Wikipédia en Français

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”