How can a court determine whether a document is authentic?

In the context of evidence law, the process of determining whether a document is authentic is only necessary when its genuineness is contested. Courts utilize several methods to establish authenticity:1

• Presumptions: Many legal systems, particularly in continental Europe, apply a presumption of authenticity to public documents, meaning they are accepted as genuine without further proof.1
• Self-Authentication: Certain documents are considered self-authenticating, meaning they do not require extrinsic evidence to prove they are real. This often applies to documents bearing official seals or authorized signatures, such as those from a court.2
• Direct Testimony: A party may provide direct evidence of authenticity through the testimony of individuals who signed the original document.1
• Circumstantial Evidence: When direct testimony is unavailable, courts permit the use of circumstantial evidence to establish that a document is genuine.1
• Special Proceedings: In some civil-law jurisdictions, specific legal proceedings are established to prove the authenticity of documents.1

Under Anglo-American law, a party may also formally request that an adversary corroborate the authenticity of relevant documents.1