Rule 903. Subscribing Witness (2024)

A subscribing witness’s testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.

Notes

(Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1945; Apr. 26, 2011, eff. Dec. 1, 2011.)

Notes of Advisory Committee on Proposed Rules

The common law required that attesting witnesses be produced or accounted for. Today the requirement has generally been abolished except with respect to documents which must be attested to be valid, e.g. wills in some states. McCormick §188. Uniform Rule 71; California Evidence Code §1411; Kansas Code of Civil Procedure §60–468; New Jersey Evidence Rule 71; New York CPLR Rule 4537.

Committee Notes on Rules—2011 Amendment

The language of Rule 903 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

Rule 903. Subscribing Witness (2024)

FAQs

Rule 903. Subscribing Witness? ›

Subscribing Witness' Testimony Unnecessary. The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

What does subscribing witness mean? ›

A subscribing witness is a person who witnesses the signatures on a document and signs it at the end, indicating that such a person has witnessed those signatures.

What is the Fed Rule 903? ›

Federal Rule of Evidence 903 addresses the authentication of evidence by certification. Here's a summary and explanation: Authentication by Certification: Rule 903 allows documents, writings, and other items to be authenticated through certification rather than requiring live testimony or extrinsic evidence.

What is the rule 903 in NC? ›

Substantive Evidence

As noted above, Rule 903 applies only to a “subscribing witness,” which means a person who signs a document in order to verify that he or she witnessed another person signing it. Therefore, Rule 903 has no applicability to the admissibility of original signature evidence, standing alone.

What is the rule of evidence 903 in Texas? ›

Evid. 903. A subscribing witness's testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.

When can a subscribing witness be used? ›

The proof of execution by subscribing witness certificate is used when a principal signer who cannot appear before the Notary directs a third party (the subscribing witness) to witness that principal's signing or acknowledging of his or her signature on a document and then to bring the signed document to the Notary for ...

What is the difference between a credible witness and a subscribing witness? ›

If any of the Credible Witnesses have the potential to benefit from the transaction, they can't be Credible Witnesses. Subscribing Witness: A Subscribing Witness is a witness who watches the signer signing the document and then meets with the Notary in the signer's place.

What is the federal rule evidence 903? ›

Subscribing Witness' Testimony Unnecessary. The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.

What is rule 903 of Regulation S? ›

Rule 903 — Offers or sales of securities by the issuer, a distributor, any of their respective affiliates, or any person acting on behalf of any of the foregoing; conditions relating to specific securities. Rule 904 — Offshore resales. Rule 905 — Resale limitations.

What is the rule 903 or rule 904 of the securities Act? ›

An SEC rule providing two safe harbor provisions for offers and sales of securities made outside the US. Rule 903 is the issuer safe harbor. Rule 904 is available for resales by persons other than the issuer, a distributor, their respective affiliates, and persons acting on their behalf.

What is the NC General Statute 15A 903? ›

G.S. 15A-903. (1) The State to make available to the defendant the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant.

Is NC a hold your ground state? ›

Like many other states, North Carolina enacted a stand your ground law in 2011. Under N.C.G.S. 14.51. 3, individuals have the right to defend themselves using deadly in their homes, motor vehicles, and workplaces.

What is the best evidence rule in NC? ›

Under the “best evidence” rule, the original of a writing, recording, or photograph is generally required in order to prove the contents of that item.

What can an expert witness rely on? ›

Rule 702 requires the testimony to be "based on sufficient facts or data." The expert must base his or her opinion on enough information, observations, tests, experiments, and other data to make them reliable. However, experts do not need personal knowledge.

What is the hearsay Rule? ›

Under the general rule, hearsay is not admissible in court unless a statute or rule provides otherwise. So, even if a statement is hearsay that was made out of court and not under oath, it may still be admissible if an exception applies.

What is the Rule 605 of evidence? ›

The judge presiding at the trial may not testify in that trial as a witness. A party need not object to preserve the issue.

What does subscribing mean in law? ›

Subscribe in a legal context means the action of: Writing one's name on a document in acknowledgment of being its creator. For example, subscribe a letter. Signing a document to give one's consent to the terms established therein. For example, subscribe a contract.

What does witness mean when signing a form? ›

What is witness? A witness is any neutral, third-party observer of a document signing. Both signature guarantors and notaries can serve as a witness to a document signing. Most legal documents require a witness of some sort to be considered valid, regardless of whether it is a signature guarantor or a notary.

Can anyone witness a signature? ›

A witness is there to help confirm the legality of the document being signed. A witness can usually be anyone, however, certain documents will need an authorised person to witness it.

What does being a witness for someone mean? ›

someone who gives information in a court of law about a particular person or event, usually when there has been a crime or an accident: witness for the defence/prosecution The key witness for the prosecution was given police protection.

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