MBE Rules · Evidence
Handwriting Identification
FRE 901(b)(2)-(3)
The rule
A lay witness familiar with handwriting (familiarity not acquired for litigation) may identify it; experts and the trier of fact may compare specimens with authenticated exemplars.
In plain English
A lay witness can testify about handwriting if they have seen it enough outside of court to recognize it. Additionally, experts and the judge or jury can compare questioned handwriting to known samples to determine authenticity.
Worked example
During a trial, a friend of the defendant testifies that they have seen the defendant's handwriting on personal letters over the years. The jury then compares these letters to a disputed note allegedly written by the defendant. The jury concludes that the handwriting on the note matches the known samples, leading to a finding of authenticity.
Memory hook
Lay witnesses can spot familiar handwriting, while experts and juries do the side-by-side comparison.
The trap
Exams may present scenarios where a witness claims familiarity with handwriting but acquired it only for litigation, which is not permissible. Students often confuse the requirements for lay witness identification with those for expert testimony.
How examiners test it
Questions typically involve a fact pattern where a witness identifies handwriting, prompting analysis of their familiarity and the admissibility of their testimony.
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