ANCIENT WRITING
An original document affecting the transfer of real property, which can be admitted as evidence in a lawsuit because its aged condition and its location upon discovery sufficiently establish its authenticity.
Under COMMON LAW, an ancient writing,
sometimes called an ancient document, could be
offered as evidence only if certain conditions
were met. The document had to be at least thirty
years old, the equivalent of a generation. It had
to appear genuine and free from suspicion. For
example, if the date of the document or the sig-
natures of the parties to it appeared to have been
altered, it was not considered genuine. When
found, the document must have been in a likely
location or in the possession of a person who
would logically have had access to it, such as a
deed found in the office of the county clerk or in
the custody of the attorney for one of the parties
to the writing.An ancient writing must also have
related to the transfer of real property, for exam-
ple, a will, a deed, or a mortgage.When all these
requirements were met, an ancient writing was
presumed to be genuine upon its presentation
for admission as evidence without any addi-
tional proof.
Today various state RULES OF EVIDENCE and
the FEDERAL RULES OF EVIDENCE have
expanded the admissibility of ancient writings.
An ancient writing can now be offered as evi-
dence if its condition does not suggest doubt as
to its authenticity, if it is found in a likely place,
and if it is at least twenty years old at the time it
is presented for admission into evidence.
Some states still adhere to the requirement
that a document be at least thirty years old
before it comes within the ancient writing
exception to the HEARSAY rule. A few states rec-
ognize ancient documents only if, in addition to
these basic requirements, the person seeking the
admission of the ancient writing has taken pos-
session of the property in question.
An ancient writing is admissible in a trial as
an exception to the rule that prohibits hearsay
from being used as evidence in a trial. In a case
where no other evidence exists, the legitimacy of
the writing must be considered if the case is to
be determined on its merits. The probability
that such a document is trustworthy is deter-
mined by its condition and location upon dis-
covery. These factors permit a court and a jury
to presume the authenticity of an ancient writing.
