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Chapter 57     Entire Code
‹ Chapter 56  |  Chapter 58 › Printer Friendly Versions
Chapter 57  |  Article 57 - 2  |  Section 4
WVC 57- CHAPTER 57. EVIDENCE AND WITNESSES.
WVC -2- ARTICLE 2. WRITINGS AND STATEMENTS OF PRIVATE PERSONS.

WVC 57-2-1 §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.

WVC 57-2-2 §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.

WVC 57-2-3 §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.

WVC 57-2-4 §57-2-4. Justification and mitigation of damages in action for defamation.
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
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§57 - 4 - 2 - (Amended Code)
§57 - 5 - 9 - (Amended Code)
HOUSE BILL - 4012
PASSED - Regular Session

HB4012 SUB ENR  (Uploaded - 03/25/2014)
Relating to the Revised Uniform Law on Notarial Acts
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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