Social:Ancient document
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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.[1]
Authentication
Under the American Federal Rules of Evidence ("FRE"), a document is deemed authentic if it is:[1]
- 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.
Hearsay
Ancient documents also present an exception to the hearsay rule. FRE Template:Fre(16) applies this exception to all documents prepared before January 1, 1998. 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.
References
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