§ 28.04 NONEXPERT OPINION ON HANDWRITING: FRE 901(B)(2)

• Jurisdiction: North Carolina

§ 28.04. NONEXPERT OPINION ON HANDWRITING: FRE 901(b)(2)

In some cases, a lay witness may testify to the genuineness of handwriting.¹⁸ The rule "states conventional doctrine as to lay identification of handwriting, which recognizes that a sufficient familiarity with the handwriting of another person may be acquired by seeing him write, by exchanging correspondence, or by other means, to afford a basis for identifying it on subsequent occasions."¹⁹ The offering party must establish that the witness is sufficiently familiar with the handwriting to offer an opinion concerning its authenticity. For example, a spouse, secretary, or coauthor could all identify an author's writing. There is one limitation: familiarity with another's handwriting acquired for purposes of the current litigation is precluded.

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^[18] See Fed. R. Evid. 701...