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Simple English definitions for legal terms
ancient document rule
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A quick definition of ancient document rule:
The ancient document rule is a way to prove that a document is real and can be used as evidence in court. If a document is more than 20 years old, looks normal, and is found in a place where it should be, then it is considered real and can be used in court. This rule also applies to old documents that have information that someone said but are not in court to say it themselves. However, the document must be proven to be real and made before 1998 to be used in court.
A more thorough explanation:
The ancient document rule is a way to prove the authenticity of evidence in court. According to this rule, if a document is:
- More than 20 years old
- Looks normal and hasn't been changed
- Found in a place where it would be expected to be found
Then the document is considered to be authentic and can be used as evidence in court.
For example, let's say a lawyer wants to use a letter that was written by someone who has since passed away. If the letter is more than 20 years old, looks normal, and was found in a place where it would be expected to be found (like in the person's old desk), then it can be used as evidence in court.
The ancient document rule can also be used as a hearsay exception under Federal Rule of Evidence 803 (16). This means that if a document is more than 20 years old and was created before 1998, it can be used as evidence even if it contains hearsay (secondhand information).
For example, let's say a lawyer wants to use a diary entry from someone who has since passed away. If the diary entry is more than 20 years old, was created before 1998, and was found in a place where it would be expected to be found (like in the person's old bedroom), then it can be used as evidence in court even if it contains hearsay.
Overall, the ancient document rule is a way to prove the authenticity of old documents in court, making them admissible as evidence.