Ancient document
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| Evidence |
|---|
| Part of the common law series |
| Types of evidence |
| Testimony · Documentary evidence |
| Physical evidence · Digital evidence |
| Exculpatory evidence · Scientific evidence |
| Demonstrative evidence |
| Hearsay: in U.K. law · in U.S. law |
| Relevance |
| Burden of proof |
| Laying a foundation |
| Subsequent remedial measure |
| Character evidence · Habit evidence |
| Similar fact evidence |
| Authentication |
| Chain of custody |
| Judicial notice · Best evidence rule |
| Self-authenticating document |
| Ancient document |
| Witnesses |
| Competence · Privilege |
| Direct examination · Cross-examination |
| Impeachment · Recorded recollection |
| Expert witness · Dead man statute |
| Hearsay (and its exceptions) |
| Excited utterance · Dying declaration |
| Party admission · Ancient document |
| Declarations against interest |
| Present sense impression · Res gestae |
| Learned treatise · Implied assertion |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and Trusts · Criminal law |
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.
[edit] 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.
[edit] 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.
