Ancient Documents Rule

The ancient documents rule allows old documents, generally at least 20 years old, to be authenticated and, in some courts, admitted despite the hearsay rule, if their condition and location make their genuineness believable. It has helped bring decades-old asbestos company letters and memos before juries.

Origin

The rule developed at common law, where documents traditionally had to be 30 years old. The Federal Rules of Evidence set the age at 20 years for authentication (Rule 901(b)(8)) and for a hearsay exception (Rule 803(16)). A 2017 amendment limited the federal hearsay exception to documents prepared before January 1, 1998, because of concerns about the flood of electronic records; states have their own versions.

Significance in Asbestos Context

Much of the evidence about what the asbestos industry knew comes from correspondence written in the 1920s through the 1970s, when the authors and recipients are long dead. To authenticate such a document under the rule, the party usually shows that it is old enough, is in a condition that creates no suspicion, and was found where a genuine document would likely be, such as company files or a public archive. Statements in a company's own documents can also come in as admissions by a party-opponent, so the ancient documents rule is one of several routes. Defendants may still argue that a document is irrelevant, incomplete or misleading without context. The rule's details vary between federal and state courts.

Example Sentence

Because the 1935 letters had been found in the company's own archived files and showed no sign of tampering, the court accepted them under the ancient documents rule.

Related Terms

Authentication, Hearsay Exception, Admission by Party-Opponent, Business Records Exception, Sumner Simpson Papers, Corporate Knowledge

Notes

• Old company letters, manuals or notices in your family's possession may have evidentiary value; keep them as they are.
• Note where and how you found any old document; that history can help prove it is genuine.