Also known as: attest · attests · attested · attesting · attestations · attestation clause · witness
Written by attorneys · grounded in primary & secondary sources — see below
The act by which one or more witnesses confirm the execution or authenticity of a document, record, or statement by observing the relevant act and then signing to verify it.
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Anita Ali, facing indictment, challenged the authenticity of prior grand jury transcripts offered against her. The clerk affixed the court's seal and signed an attestation confirming the records' accuracy from the original proceeding. The court admitted the documents under full faith and credit principles after verifying the attestation met constitutional requirements for criminal prosecutions.
Amelia Amari testified before a grand jury investigating corporate fraud. After her testimony, the court reporter prepared a transcript that the foreperson attested by signing to confirm the presence of only authorized persons during the session. Defense counsel later relied on the attested transcript to challenge the indictment's validity.
Alfred Ashford called a neighbor to attest to his reputation for honesty in a fraud trial. The neighbor signed an attestation clause on a written statement describing specific instances of truthful conduct. On cross-examination the prosecutor inquired into additional instances to test the basis of the attestation.
Alexandra Armstrong moved to recuse a judge who had previously served as a material witness in related litigation. The judge signed an attestation confirming the prior role and stepped aside to avoid any appearance of bias in the current proceeding.
Ariana Azizi discovered that a witness statement she had offered contained false information. She promptly filed an attestation with the tribunal disclosing the falsity and withdrew the evidence to comply with her duty of candor.
Alice Atkins sought to enforce a state court judgment in federal court in another jurisdiction. The originating court's clerk signed an attestation and affixed the seal, accompanied by a judge's certificate confirming proper form, allowing the judgment full faith and credit.
Attestation is the witness's act of confirming the testator's signature or acknowledgment by signing after observing the execution, while subscription is merely the physical act of affixing one's own signature.
Supporting sources
Yes, the witnesses must attest and subscribe within the range of the testator's senses so that the testator can see or hear the attestation.
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No, modern purging statutes or uniform codes provide that an interested witness's signature does not invalidate the will, though the witness's gift may be voided.
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…made out and did not believe any had been sent. Mr. Lee then read the affidavit of James Marshall who had been summoned as a witness. It stated that on 4 March 1801, being informed there was reason to apprehend riotous proceedings in Alexandria that night, he called at the Secretary of State's office for commissions of…