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How does the non-party authenticate copy of documents he is requested to produce?

Van Nuys, CA |

Does the non-party needs to attach a declaration that the document is a true copy of original? Is it acceptable to use the document like the verification that is attached to all party production of documents?

Attorney Answers 3


If you have subpoenaed business records from a third party, there would be a declaration from the custodian of records authenticating the documents. If you are at trial, the custodian of records of the entity can also authenticate the documents during testimony.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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If you're referring to a business records subpoena, which I think you are, you will probably need a declaration authenticating the documents. You could also have the documents orally authenticated at trial.

The information/answer is not, nor is it intended to be, legal advice. Consult an attorney regarding your individual situation. This attorney is only licensed to practice law in California. Your question and this answer do not create an attorney-client relationship. Do not send/post any confidential information.

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In a standard response to a request for production of documents, the responding party is not required to authenticate the documents other than to sign the verification that accompanies the written response. You can establish authentication by use or Requests for Admissions, or in deposition, or by operation of law with regard to several kinds of documents.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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