| Adopted Date: | 02/01/2025 |
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- This page, Section 903. Subscribing witness's testimony, is offered by
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Guide to Evidence
Article IX. Authentication and Identification
Guide to Evidence Section 903. Subscribing witness's testimony
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Table of Contents
Section 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.
Note
This section is derived from G. L. c. 233, § 68, and Mass. R. Civ. P. 8(b) (“The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness.”).
Authentication of wills in uncontested proceedings is governed by the Massachusetts Uniform Probate Code, G. L. c. 190B. Authentication of a will in a contested proceeding requires a greater level of support. See Goodwin v. Riordan, 333 Mass. 317, 318–319 (1955); Werber v. Werber, 62 Mass. App. Ct. 927, 927–928 (2004).
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Massachusetts Guide to Evidence
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