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In a federal contract action, Plaintiff offers a signed personal guarantee. The guarantee includes a witness signature, but the substantive law governing the guarantee does not require a subscribing witness for validity. Defendant objects that Plaintiff must call the subscribing witness to authenticate the guarantee.
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A subscribing witness's testimony is required whenever the writing is offered in federal court. A subscribing witness's testimony is necessary to authenticate a writing only if the law governing the writing's validity requires it. A subscribing witness's testimony is required unless the writing is self-authenticating as a newspaper. A subscribing witness's testimony is required only when the writing is typed rather than handwritten.

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