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During the Killian documents controversy in 2004, the authenticity of the documents themselves was disputed by a variety of individuals and groups. Proof of authenticity is not possible without original documents, and since CBS used only faxed and photocopied duplicates, authentication to professional standards would be impossible regardless of the provenance of the originals.
[6] [7] If the party is able to provide an acceptable reason for the absence of the original, then "secondary evidence" or copies of the original document can be admitted as evidence. The best evidence rule is only applied in situations where a party attempts to substantiate a non-original document submitted as evidence during a trial. [7]
An exemplified copy (or exemplification) is an official attested copy or transcript of a public instrument, made under the seal and original pen-in-hand signature [1] of a court or public functionary [2] and in the name of the sovereign, [3] for example, "The People of the State of Oklahoma". Exemplifications can only be attested and executed ...
Exemplified certified copy of Decree Absolute issued by the Family Court Deputy District Judge – divorce certificate. A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only ...
Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
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Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways. First, a witness can testify as to the chain of custody through which the evidence passed from the time of the discovery up until ...
In these circumstances, it would be open to the trial judge to exclude the evidence of the confession under Section 78(1) of the Police and Criminal Evidence Act 1984 (PACE), or under Section 73 PACE, or under common law, although in practice the confession would be excluded under section 76 PACE. [14]