CHAPTER 57. EVIDENCE AND WITNESSES.
ARTICLE 2. WRITINGS AND STATEMENTS OF PRIVATE PERSONS.
§57-2-1. Handwriting analysis.
In any civil or criminal action or proceeding, any writing
proved to the satisfaction of the judge of a court of record in an
in-camera hearing to be in the handwriting of the person who is
alleged to have written it, whether or not made in the ordinary
course of business, may, if the court further finds that its
probative value outweighs its prejudicial effect, be admitted into
evidence for the purpose of making a comparison with a disputed
writing on the issue of whether or not the disputed writing is
genuine. The authenticity of each writing shall be finally
determined by the trier of fact.
§57-2-2. When attesting witness need not be called.
It shall not be necessary to prove by the attesting witness
any instrument to the validity of which attestation is not
requisite; and such instrument may be proved by admission, or
otherwise, as if there had been no attesting witness thereto.
§57-2-3. Statement by accused upon legal examination.
In a criminal prosecution other than for perjury or false
swearing, evidence shall not be given against the accused of any
statement made by him as a witness upon a legal examination.
§57-2-4. Justification and mitigation of damages in action for
In any action for defamation, the defendant may justify by
alleging and proving that the words spoken or written were true,
and after notice in writing of his intention to do so (given to the
plaintiff at the time of, or for, pleading to such action) may give
in evidence in mitigation of damages that he made or offered an
apology to the plaintiff for such defamation before the
commencement of the action, or as soon afterwards as he had an
opportunity of doing so, in case action shall have been commenced
before there was an opportunity of making or offering such apology.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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