Can a Handwriting Expert Work Off of a Photocopy?
I hear this question all the time in my office because, hey, we don’t always have originals. I mean, who keeps paper and pen these days?
Unless you have a lockbox with some document from 20 years ago your granddad wrote, it’s kind of hard to access an original document these days. My clients often find it challenging to dig through boxes in the attic to get three or four pieces of original handwriting.
However, the law in most states is called the best evidence law, or the “law of best evidence”, which means that if we have to work on photocopies and those photocopies give us enough information to form a reliable opinion, we can work off photocopies.
Many clients come to us and say, “Hey, all I have are photocopies. Can you still take the case?”
Of course we can take a case analyzing photocopies.
However, you may not get the amazing and legally bulletproof opinion that you would get if you said,
“Go look at all the original documents at the courthouse and the samples at my aunt’s house, she has over 10,000 pages of original signatures. Here’s a bag of money, take all the time you need.”
(But if that is your situation, especially the bag of money part, please call us right away. We would be happy to help.)
Can an expert witness testify that a signature is fake without seeing the original signature?
If you have enough time and money to get evidence of multiple original wet signatures—wet signatures meaning actual pen on paper by a human—then the report and testimony you get from an expert is going to be solid and comprehensive. They have examined heaps of evidence and will be certain of their opinion.
Anything less than that is a variation of levels of certainty; and the courts know this.
The judges know this.
In fact, when experts give their opinion in court, they must also give their level of certainty based on how much evidence they are working off of and how strong the evidence is.
Most forensic handwriting experts, and most expert witnesses in any field, have a protocol for how to express the level of certainty.
In fingerprints and DNA, there’s a certain level of probability. For example, we’re 85% sure that this is the same relative in DNA. Every forensic industry has different rules and regulations.
Is it even worth it to hire a handwriting expert if all I have is a photocopy?
The tl:dr is, of course, we can work off a photocopy.
However, if you want the best testimony and the strongest person to help you win your case, you will dig, dig, and dig to get high-resolution scans, access to any wet signatures, or even find a better photocopy than you personally have.
If you’re working with off a scan of a legal document given to you by the courthouse and they will not give you access to the original, that means the scan is the best evidence you can get. That’s what you have to work with, so that’s what we will work with.
A good expert can still form an opinion, and that will still hold up in court.
My name is Bart Baggett. If you need help with a forensic document exam or a handwriting problem, call our office. We have experts all over the U.S., and we take cases worldwide to help you solve million-dollar forgery problems.
Bart Baggett
The Nation’s Leading Forensic Handwriting Expert
CEO of Handwriting Experts Inc.
Forensic Document Examiner • Expert Witness • Legal Consultant
“We solve million dollar forgery cases.”
Telephone: 1-800-980-9030
YouTube: @thehandwritingexpert
LinkedIn: bartbaggett
Facebook: bartbaggett
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FAQ SECTION
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Q1: Can a forensic handwriting expert work from a photocopy?
A1: Yes. Under the best evidence law, if a photocopy provides enough information to form a reliable opinion, a forensic handwriting expert can work from it and deliver a credible report.
Q2: Will a photocopy-based handwriting analysis hold up in court?
A2: Yes. A qualified forensic handwriting expert can form a valid opinion from a photocopy, and that opinion can hold up in court — though the level of certainty may be lower than when original documents are examined.
Q3: How does a handwriting expert express certainty when working from copies?
A3: Experts are required to disclose their level of certainty based on the quality and quantity of evidence available. Photocopies may reduce certainty compared to examining multiple original wet signatures.
Q4: What is a wet signature in forensic document examination?
A4: A wet signature is an actual pen-on-paper signature made by a human, as opposed to a digital or photocopied version. Wet signatures provide the strongest and most reliable evidence for forensic handwriting analysis.
