Also known as: prima-facie genuine · prima facie
Written by attorneys · grounded in primary & secondary sources — see below
An item that a statute or rule declares presumptively authentic. The presumption relieves the proponent of producing extrinsic evidence of genuineness before the item is admitted.
Paula Pierce, the defendant in a criminal trial, offered a certified transcript of voir dire to support her Batson motion. The transcript bore the clerk's official seal and signature. Because the document carried a statutory declaration of genuineness, the court admitted it without requiring live testimony from the court reporter. The prima facie showing shifted the burden to the prosecutor to supply a race-neutral explanation for the strikes.
Penelope Price petitioned to probate a will and attached an affidavit from the attesting witnesses. The affidavit stated that the testator signed in their presence and that the witnesses signed immediately afterward. Under the probate code the affidavit supplied prima facie proof of due execution. The court therefore placed the burden on the contestant to prove lack of capacity or undue influence.
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Parker Phillips bought a home treadmill from Peak Performance. The sales contract contained a clause excluding consequential damages. The exclusion was accompanied by a statutory declaration that the document itself was prima facie genuine. The court admitted the contract without further authentication testimony.
Pierre Poulin was prosecuted for burning a cross on a neighbor's lawn. The state introduced a photograph of the burning cross taken by a police officer at the scene. The photograph carried a statutory declaration of authenticity. The court treated the image as prima facie genuine and allowed the jury to decide whether the act was intended to intimidate.
Philip Powell applied for a position at Patriot Insurance and submitted a resume containing a signature block. The company later claimed the signature was forged. Because the resume was accompanied by a federal statute declaring such employment records prima facie genuine, the court admitted the document without further authentication. Powell then had to rebut the presumption with evidence of forgery.
Portia Price offered an expert report in a products-liability case. The report included a notarized certificate from the expert stating that the opinions were based on reliable methods. Under the governing evidentiary rule the certificate rendered the report prima facie genuine. The opposing party therefore bore the burden of producing evidence that the methodology was unreliable.
The proponent need only establish that the document falls within the terms of the statute declaring it presumptively authentic. Once that threshold is met, the item is admitted without extrinsic evidence of genuineness. The opponent may still challenge authenticity through other means, but the initial burden of production is satisfied by the statutory declaration itself.
No. The declaration addresses only authenticity and genuineness for admission purposes. The opponent remains free to contest the truth of the contents through cross-examination or contradictory evidence. The presumption affects only the need for foundational testimony, not the ultimate weight or credibility of the document.
Yes. Once the statutory presumption arises, the opposing party may introduce any competent evidence, including circumstantial facts, tending to show that the signature or document is not authentic. The court then determines whether the presumption has been rebutted before deciding admissibility or weight.
…authority to review an assertion of executive privilege by the President. The court concluded that the Special Prosecutor's prima facie demonstration of need overcame the presumptive privilege and that the requirements of Rule 17(c) had been satisfied. The court stayed its order pending appellate review on the condition…