What is the most efficient way to admit a document that is contested for authenticity?

• A. Use a stipulation of authenticity on the record.
• B. Require the custodian to testify extensively.
• C. Exclude the document and rely on other evidence.
• D. Request a special jury instruction.

Answer: (A)

When a document’s authenticity is in doubt, the quickest path to getting it admitted is for the parties to stipulate that it is authentic on the record. A stipulation is an agreement that the document is what it appears to be, so the court accepts it as authentic without the need for live testimony to prove that fact. This trims away the time and complexity of laying a foundation — such as calling a custodian or other witnesses to establish handwriting, authorship, or chain of custody — and allows the trial to proceed with the document in as evidence for its proper use.

This approach is best because it streamlines the process and reduces cost and delay while still keeping the authenticity issue resolved by agreement. The document can then be used for its proper purpose, subject to any other applicable rules (for example, other grounds of admissibility or objections unrelated to authenticity).

Requiring extensive custodian testimony would be slow and costly, and excluding the document to rely on other evidence ignores a straightforward way to establish authenticity efficiently. A special jury instruction has no bearing on whether the document is authentic.