Legal Question in Personal Injury in California

Does all documentary evidence have to be "authenticated" to be used in court? Are RFA's the only way, if so, to get documents authenticated, if a witness or guardian of records cannot be attained?

If the documentation is permitted because it is not considered hearsay, meaning, the California Rules of Evidence describes the documents as not falling under the hearsay rule, cannot it be submitted as an Exhibit for trial even without further authentication?


Asked on 11/20/11, 11:33 pm

3 Answers from Attorneys
Patricia Meyer Patricia Meyer & Associates

All documents must be authenticated, regardless of hearsay.

Many ways to authenticate documents, and some documents are self authenticating. Others are authenticated by how they are produced (example, sdt for business records). RFA or stipulation also options. Some local rules require pretrial conference statements where authentication issues are resolved pretrial.

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Answered on 11/20/11, 11:50 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You are flying blind. RFAs aren't going to magically cure the problem of your not knowing what you're doing. RFAs are just one tool a competent attorney would use, one of many in an attorney's toolbox. You are so far in the soup you don't realize it, and unless you get an attorney on board right away the insurance company will grind you into sausage before you know what hit you.

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Answered on 11/21/11, 12:09 am


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