United States Code: Title 28a,Rule 903. Subscribing Witness’ Testimony Unnecessary

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Rule 903. Subscribing Witness’ Testimony Unnecessary

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

NOTES:

Source

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1945.)

Notes of Advisory Committee on Proposed Rules

The common law required that attesting witnesses be produced or accounted for. Today the requirement has generally been abolished except with respect to documents which must be attested to be valid, e.g. wills in some states. McCormick § 188. Uniform Rule 71; California Evidence Code § 1411; Kansas Code of Civil Procedure § 60–468; New Jersey Evidence Rule 71; New York CPLR Rule 4537.