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Question
Exhibit 1 is a photocopy of a private lease agreement between Apex Realty Co. and Greenfield Enterprises, signed by the president of Apex on July 3, 2020. The plaintiff offers Exhibit 1 to prove the existence and terms of the lease. Exhibit 1 bears a Certification of Authentication issued by Apex Realty Co.’s Corporate Secretary stating that the photocopy is a true copy of the original lease on file with the corporate secretary and that the signature of the president on the lease is genuine, based on comparison with the specimen signature on file. The original lease is not produced in court. The defendant objects, contending that Exhibit 1 has not been properly authenticated.
(a) What is the meaning of authentication of writings under the Rules of Court, and what forms can authentication take?
(b) Based on the foregoing facts, is Exhibit 1 authenticated? Explain why or why not.
(c) If Exhibit 1 is not properly authenticated, what additional steps or evidence would cure the lack of authentication and render the document admissible?