Legal Definitions - ex visu scriptionis

Ex visu scriptionis is a Latin legal phrase that translates to "from the sight of the writing" or "from having seen a person write."

In legal contexts, this term refers to a method of proving that a particular piece of handwriting or a signature belongs to a specific individual. It relies on the testimony of a witness who has personally observed that individual writing on prior occasions, and can therefore recognize their handwriting style or signature.

Here are some examples illustrating how ex visu scriptionis applies:

• Estate Dispute: A will is presented in court, and one of the heirs challenges its authenticity, claiming the signature of the deceased is forged. The deceased's long-time personal assistant, who regularly prepared documents for the deceased and frequently saw them sign various papers, testifies in court. The assistant states that, based on their extensive personal observation of the deceased's handwriting over many years, the signature on the will is indeed genuine. This testimony is admissible ex visu scriptionis because the assistant's familiarity with the handwriting stems directly from having repeatedly witnessed the deceased writing.

• Contract Fraud: A business owner claims a contract bears their signature, but they deny ever signing it. During the trial, a former administrative assistant who worked for the business owner for five years is called as a witness. The assistant testifies that they frequently saw the business owner sign contracts, checks, and other documents, and based on that direct observation, they can confidently identify the signature on the disputed contract as belonging to the business owner. The court accepts this testimony as evidence of the signature's authenticity, relying on the principle of ex visu scriptionis.

• Threatening Letter Investigation: Law enforcement is investigating a threatening letter sent anonymously. A colleague of a potential suspect is interviewed. The colleague states that they have often seen the suspect write notes, memos, and emails by hand during their shared employment. Based on this direct and repeated observation of the suspect's unique handwriting characteristics, the colleague identifies the handwriting in the threatening letter as matching that of the suspect. This identification is a form of evidence derived ex visu scriptionis, as it comes from the witness's personal experience of seeing the suspect write.