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Thread started 09 Jul 2008 (Wednesday) 22:00
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Are photocopied contracts legal?

 
Tumeg
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Jul 10, 2008 14:34 |  #16

sandpiper wrote in post #5884557 (external link)
I'm no lawyer, but I would have thought it more likely to stand up in court if there is an original signature on the document. It is very easy to photocopy a document with a pasted on signature, which would be hard to spot. Therefore if someone contests it .....

Just my thought, I am happier with an original signature just in case.

My legal advice however, is worth exactly what you paid for it.


Good point! I never thought about that...
+1


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DocFrankenstein
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Jul 10, 2008 15:18 |  #17

I keep having to do copies of contracts and certificates.

They have to be notarized to hold up. You bring the original to a lawyer and for a modest fee of 50 bucks he'll throw it on the photocopier and will stamp and sign that it indeed a true copy.


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Pinto
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Jul 10, 2008 15:32 |  #18

DocFrankenstein wrote in post #5887398 (external link)
I keep having to do copies of contracts and certificates.

They have to be notarized to hold up. You bring the original to a lawyer and for a modest fee of 50 bucks he'll throw it on the photocopier and will stamp and sign that it indeed a true copy.

That makes sense, and a notary would be a lot less expensive.
But you'd obviously have to have the original document on file, so it looks like there's no avoiding it.




  
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Jul 10, 2008 15:45 |  #19

All of this really falls under the umbrella of "records retention." Businesses and corporations typically follow a Records Retention Schedule which instructs them in proper storage and disposal of official documents.

One schedule I googled indicates 10 years "after termination" for typical ORIGINAL contracts.


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Jul 10, 2008 15:46 |  #20

CanonLaw wrote in post #5882880 (external link)
when I reprint it out, is it legal?

You betcha. The federal courts (and virtually every state has a similar rule to the federal rule) follow a rule of evidence which provides that: "A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original." (Fed. R. Evid. 1003). So the duplicate would be admissible in court (with your testimony as to what happened to the original).

However (and here speaks the law professor): it ain't a smart thing. Why invite a challenge based on authenticity or the circumstances? Keep the original until you've been paid in full. Then digitize it.


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aram535
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Jul 10, 2008 17:53 as a reply to  @ post 5886768 |  #21

I believe if you use something like a PDF that is written to a read-only media than it is valid. I have helped many organizations with reduction of paper, scanning and moving all of their cabinets to WORM drives.

The only extra bit they did was digitally sign the PDFs. Not sure what the cost of that is, but its worth looking into.


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amfoto1
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Jul 11, 2008 14:27 |  #22

cdifoto wrote in post #5886694 (external link)
You can get original birth certificates from your state capitol's department of vital records. I had to get one for my passport application in April.


We're highjacking a little bit here, but...

Yes, that was the very first stop my friend made. That's where she got the copy of a copy. But to make matters worse, the state of California has two different birth certificates on file for her.

It's a longer story.... But basically her real father is her mother's first husband. By the time she was born her parents were divorced, mom was remarried to her step father and the hospital issued an incorrect birht certificate under her step father's name.

Later her mother attempted to correct this but more mistakes were made and the originals of both documents appear to have been lost. Both certificates are now only on file as those old "negative" style photo copies, and are not very legible.

Even worse, for some reason someone at the records office decided to strike a large X through the correct certificate!

It's a real mess, there are no immediate relatives still alive who can attest to what's correct and the courts in Canada are refusing to accept the copies of copies as valid proof of identity.

My friend is a bone cancer survivor/amputee, can't drive and is in a motorized wheelchair full time, so it's difficult for her to get herself around to track down information and pound on record clerk's desks.

She has found a firm that specializes in recovering inheritances like this and is working with them. But, it will cost her 35% of whatever is recovered, if anything. Years ago she already received some other, similar inheritances from her grandfather, through her mother, but they were all holdings in US companies, not Canadian.

Just goes to show how important original documents can be, I suppose.


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Are photocopied contracts legal?
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