Page:United States Statutes at Large Volume 76A.djvu/493

–397– -397Subchapter IX—Authentication and Content of Writings § 2991. Authentication required; ancient documents Authentication of a writing is required before it may be received in evidence. Authentication may be by evidence sufficient to sustain a finding of its authenticity or by any other means provided by law. If the judge finds that a writing (1) is at least thirty years old at the time it is offered, and (2) is in such condition as to create no suspicion concerning its authenticity, and (3) at the time of its discovery was in a place in which such a document, if authentic, would be likely to be found, it is sufficiently authenticated. § 2992. Authentication of copies of records A writing purporting to be a copy of an official record or of an entry therein, meets the requirement of authentication if (1) the judge fin(fc that the writing purports to be published by authority of the nation, state or subdivision thereof, in which the record is kept; or (b) evidence has been introduced sufficient to warrant a finding that the writing is a correct copy of the record or entry; or (3) the office in which the record is kept is within the Canal Zone and the writing is attested as a correct copy of the record or entry by a person purporting to be an officer, or a deputy of an officer, having the legal custody of the record; or (4) if the office is not within the Canal Zone, the writing is attested as required in clause (3) and is accompanied by a certificate that such officer has the custody of the record. If the office in which the record is kept is within the United States, the certificate may be made by a judge of a court of record of the district or political subdivision in which the record is kept, authenticated by the seal of the court, or may be made by any public officer having a seal of office and having official duties in the district or political subdivision in which the record is kept, authenticated by the seal of his office. If the office in which the record is kept is in a foreign state or country, the certificate may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the United States stationed in the foreign state or country in which the record is kept, and authenticated by the seal of his office. § 2993. Certificate of lack of record A writing admissible pursuant to exception (17)(B) of section 2962 of this title is authenticated in the same manner as is provided in clause (3) or (4) of section 2992 of this title. § 2994. Documentary originals a s the best evidence (a) As tending to prove the content of a writing, no evidence other than the writing itself is admissible, except as otherwise provided in this chapter, unless the judge finds (1) that the writing is lost or has been destroyed without fraudulent intent on the part of the proponent, or (2) that the writing is outside the reach of the court's process and not procurable by the proponent, or (3) that the opponent, at a time when the writing was under his control has been notified, expressly or by implication from the pleadings, that it would be needed at the hearing, and on request at the hearing has failed to produce it, or (4) that the writing is an official record, or is a writing affecting property authorized to be recorded and actually recorded m the public records as described in exception (19) of section 2962 of this title. (b) If the judge makes one of the findings specified in the preceding paragraph, secondary evidence of the content of the writing is admissible. Evidence offered by the opponent tending to prove (1) that the asserted writing never existed, or (2) that a writing produced at the trial is the asserted writing, or (3) that the secondary evidence does not

�