Legal Question in Credit and Debt Law in California

Re: Validity of faxed promissory note

You may encounter an obstacle or two, but it's highly likely that it would be admissable.

Re: Validity of faxed promissory note

Thank you for your legal question and posting.

In small claims court, with relaxed or informal rules of evidence, the document would certainly be admissible. In higher courts, where a foundation has to be laid for the document (and California courts require that the faxed document be the "best evidence" available), you would have to prove the signature (through admission or recognition or otherwise), and the circumstances surrounding the faxed promissory note. Unless the opposing side claims forgery, fraud, or disavows knowledge of the document, you most likely would not have a problem.

Otherwise, documents can be authenticated the same way as any other real evidence. Evid. Code � 1400, 1401, 1410-1416. Material alterations must be accounted for. Evid. Code � 1402. There are also specifically approved methods of authenticating documents listed in the Evidence Code, including the submission to the finder of fact of a known exemplar of a signature for comparison with the signature on a disputed document, Evid. Code � 1417, authentication by evidence of a reply, Evid. Code � 1420, and authentication by content, Evid. Code � 1421.

The best evidence rule provides that, where a writing is offered in evidence, a copy or other secondary evidence of its content will not be received in place of the original document unless an adequate explanation is offered for the absence of the original. Evid. Code � 1500 et seq.; Fed. Rules Evid. 1002. In California, testimonial and other secondary evidence of the document's content is also generally forbidden. Evid. Code �� 1500, 1508.

I hope this information helps you, but if you need any other questions answered, want more information, or feel that you need an attorney to assist or handle any part of this for you, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.