How does the non-party authenticate copy of documents he is requested to produce?
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?
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... more
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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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.
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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.
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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.