SECTIONS 1410-1421 - California Statutes

EVIDENCE CODE

SECTION 1410-1421

1410. Nothing in this article shall be construed to limit the means
by which a writing may be authenticated or proved.

1410.5. (a) For purposes of this chapter, a writing shall include
any graffiti consisting of written words, insignia, symbols, or any
other markings which convey a particular meaning.
(b) Any writing described in subdivision (a), or any photograph
thereof, may be admitted into evidence in an action for vandalism,
for the purpose of proving that the writing was made by the
defendant.
(c) The admissibility of any fact offered to prove that the
writing was made by the defendant shall, upon motion of the
defendant, be ruled upon outside the presence of the jury, and is
subject to the requirements of Sections 1416, 1417, and 1418.

1411. Except as provided by statute, the testimony of a subscribing
witness is not required to authenticate a writing.

1412. If the testimony of a subscribing witness is required by
statute to authenticate a writing and the subscribing witness denies
or does not recollect the execution of the writing, the writing may
be authenticated by other evidence.

1413. A writing may be authenticated by anyone who saw the writing
made or executed, including a subscribing witness.

1414. A writing may be authenticated by evidence that:
(a) The party against whom it is offered has at any time admitted
its authenticity; or
(b) The writing has been acted upon as authentic by the party
against whom it is offered.

1415. A writing may be authenticated by evidence of the genuineness
of the handwriting of the maker.

1416. A witness who is not otherwise qualified to testify as an
expert may state his opinion whether a writing is in the handwriting
of a supposed writer if the court finds that he has personal
knowledge of the handwriting of the supposed writer. Such personal
knowlegde may be acquired from:
(a) Having seen the supposed writer write;
(b) Having seen a writing purporting to be in the handwriting of
the supposed writer and upon which the supposed writer has acted or
been charged;
(c) Having received letters in the due course of mail purporting
to be from the supposed writer in response to letters duly addressed
and mailed by him to the supposed writer; or
(d) Any other means of obtaining personal knowledge of the
handwriting of the supposed writer.

1417. The genuineness of handwriting, or the lack thereof, may be
proved by a comparison made by the trier of fact with handwriting (a)
which the court finds was admitted or treated as genuine by the
party against whom the evidence is offered or (b) otherwise proved to
be genuine to the satisfaction of the court.

1418. The genuineness of writing, or the lack thereof, may be
proved by a comparison made by an expert witness with writing (a)
which the court finds was admitted or treated as genuine by the party
against whom the evidence is offered or (b) otherwise proved to be
genuine to the satisfaction of the court.

1419. Where a writing whose genuineness is sought to be proved is
more than 30 years old, the comparison under Section 1417 or 1418 may
be made with writing purporting to be genuine, and generally
respected and acted upon as such, by persons having an interest in
knowing whether it is genuine.

1420. A writing may be authenticated by evidence that the writing
was received in response to a communication sent to the person who is
claimed by the proponent of the evidence to be the author of the
writing.

1421. A writing may be authenticated by evidence that the writing
refers to or states matters that are unlikely to be known to anyone
other than the person who is claimed by the proponent of the evidence
to be the author of the writing.