Authentication in Florida Law
Authentication is the evidentiary requirement of proving that a document or item is genuine before it can be admitted in a Florida court proceeding. Section 90.901 of the Florida Evidence Code requires sufficient proof that the evidence is what its proponent claims.
Methods of Authentication
Florida recognizes multiple authentication methods: testimony from a witness with knowledge, non-expert opinion on handwriting, expert comparison, distinctive characteristics and content, voice identification, telephone conversations, public records, and ancient documents over 20 years old. The proponent need only present a prima facie showing of authenticity; the ultimate determination is left to the trier of fact.
Self-Authentication
Certain documents under Section 90.902 are self-authenticating, requiring no extrinsic proof. These include certified public records, notarized documents, official publications, and commercial paper. Self-authentication expedites proceedings by eliminating the need for a sponsoring witness.
Related Terms
- Attestation
- Notarization
- Evidence
Barnes Walker Litigation
Barnes Walker handles evidentiary issues in Florida civil litigation. Contact our litigation team for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC