Legal Definitions - ex scriptis olim visis

Ex scriptis olim visis is a Latin legal term that describes a specific method for proving the authenticity of someone's handwriting. It applies when a witness has previously seen other documents believed to be written by a particular person, and has also had subsequent interactions or communications with that person that confirm the authenticity of those prior writings. This combination of prior exposure to the handwriting and confirming communication creates a strong, reasonable basis for the witness to identify the person's handwriting.

Here are some examples illustrating how this principle might be applied:

• Business Correspondence Example:

  Imagine a long-standing business relationship where a company's accounts payable clerk, Mr. Henderson, has regularly processed invoices and payment requests over several years. All these documents consistently bear the handwritten signature of the CEO of a key vendor, Ms. Davies. Mr. Henderson has also frequently communicated with Ms. Davies via phone and email to clarify details, confirm receipt of payments, and discuss the terms outlined in these very documents. If a new, high-value contract suddenly appears with Ms. Davies's purported signature, and its authenticity is questioned, Mr. Henderson could potentially testifyex scriptis olim visis.

  How it illustrates the term: Mr. Henderson has "seen other documents purporting to be in the party's handwriting" (the numerous invoices and payment requests signed by Ms. Davies). His subsequent phone calls and emails with Ms. Davies, where they discussed the content and execution of those specific documents, constitute "further correspondence with the party about the documents' subject matter" or "some other type of communication" that would lead to a "reasonable presumption" that the signatures on those prior documents were indeed hers. This established familiarity would allow him to offer an informed opinion on the authenticity of the signature on the new contract.

• Personal Documents and Estate Planning Example:

  Consider a situation involving a dispute over a handwritten addition to a will. A close friend, Maria, has received dozens of handwritten letters, birthday cards, and recipe notes from her elderly neighbor, Mr. Petrov, over a period of fifteen years. Maria has also had many in-person conversations with Mr. Petrov where he referenced the specific contents of these handwritten items (e.g., "Did you try that cake recipe I wrote out for you?" or "As I mentioned in my last letter, my garden is doing well"). If a handwritten codicil (an amendment) to Mr. Petrov's will is later discovered and its authenticity is challenged, Maria could be called to testify ex scriptis olim visis.

  How it illustrates the term: Maria has "seen other documents purporting to be in the party's handwriting" (the many cards, letters, and notes from Mr. Petrov). Her subsequent conversations with Mr. Petrov, where he acknowledged and discussed the content of those handwritten items, represent "some other type of communication with the party that would lead to a reasonable presumption" that those documents were in his handwriting. This deep familiarity allows her to offer an opinion on whether the handwriting on the codicil matches Mr. Petrov's.

• Professional or Academic Context Example:

  A university department head, Dr. Chen, has supervised a particular research assistant, Alex, for a complex project over several years. During this time, Dr. Chen has received and reviewed numerous handwritten lab notes, research logs, and preliminary drafts of reports submitted by Alex. Dr. Chen has also held regular one-on-one meetings with Alex to discuss the data, findings, and progress detailed in these specific handwritten submissions, often making annotations directly on them. If Alex's signature on a critical patent application or a formal research ethics declaration is later disputed, Dr. Chen could provide testimony ex scriptis olim visis.

  How it illustrates the term: Dr. Chen has "seen other documents purporting to be in the party's handwriting" (Alex's handwritten lab notes, logs, and drafts). The discussions during their regular meetings, where they specifically reviewed and addressed the content of these handwritten documents, represent "some other type of communication with the party that would lead to a reasonable presumption" that the handwriting on those documents was indeed Alex's. This established professional familiarity would enable Dr. Chen to offer an informed opinion on the authenticity of the signature in question.