One of the most common questions asked by attorneys is whether a reliable forensic handwriting or signature examination can also be conducted using photocopies, scanned images or fax copies.

The answer is often yes.

The widespread belief that only original documents permit a reliable forensic examination has become so deeply rooted that it is frequently accepted without further thought. Yet, from a practical forensic perspective, the more appropriate question is not whether the document is original, but whether the available material preserves sufficient reliable handwriting evidence.

In many cases, it does.

The Two Fundamental Requirements

Whether the examination is conducted on an original document or on a reproduction, two fundamental requirements remain unchanged.

1. Natural Execution

The questioned writing and the genuine comparison material must preserve the writer's natural execution.

In other words, the handwriting should exhibit its normal fluency, rhythm, coordination and writing speed.

These are not merely desirable characteristics – they are the foundation upon which every meaningful comparison is based.

If the natural execution of the writing can still be observed, even a photocopy, a scanned image or a fax copy may preserve sufficient evidence to permit a reliable forensic comparison.

2. Sufficient Genuine Comparison Material

A sufficient quantity of genuine handwriting specimens must be available for comparison.

The word "sufficient" has no fixed numerical meaning. It depends upon the circumstances of each individual case, the amount of writing available, and the natural variation found in the genuine writer's handwriting.

Naturally, this assumes that there is no indication that the copies themselves have been intentionally altered, manipulated or otherwise modified during the copying or scanning process.

Occasionally, only a limited number of genuine specimens are available.

In such circumstances, the examiner should not decline the examination simply because the available material is less than ideal. Every genuine specimen that can reasonably be obtained should be examined, and every observable handwriting characteristic should be evaluated.

Any limitations affecting the examination should be clearly explained in the report, allowing the Court, Arbitrator or other decision-maker to determine the weight to be attached to the opinion.

Why Original Documents Remain Important

None of the above should be interpreted as suggesting that original documents are unimportant.

Quite the contrary.

Whenever original documents are available, they should always be examined.

Original documents are generally clearer, more legible and may reveal additional physical characteristics that cannot always be reproduced by photocopying or scanning. These may include pen indentations, embossment, ink characteristics, erasures, alterations, stroke sequence and other physical features of the document itself.

Very light strokes or subtle writing movements may occasionally disappear during the copying process.

Nevertheless, the experienced examiner should not concentrate solely on what has been lost. Equally important is recognising the evidential significance of what remains.

The Degree of Certainty

In many, and perhaps most, cases, a reliable forensic comparison can be conducted successfully using photocopies, scanned images or fax copies, even when they are not first-generation reproductions.

However, traditional forensic practice generally requires that, where only copies are available, the highest level of certainty should not normally be expressed as an unqualified conclusion.

Instead, the opinion is usually expressed using recognised terminology such as Highly Probable, Probable, Inconclusive, Probably Did Not Write, or Elimination, depending upon the available evidence.

This approach reflects the possibility that certain physical characteristics of the original document may no longer be available for examination.

It should also be recognised that even examination of the original document does not automatically justify an unqualified conclusion. Every case has its own limitations, and those limitations should be fully explained in the report.

The Responsibility of the Examiner

Whether examining an original document or a photocopy, the examiner should never present an uncertain observation as though it were an established fact.

An uncertain observation may nevertheless be included in the report, provided that it is clearly identified as a possibility rather than as a conclusion.

For example, the examiner may observe an unusual movement that does not appear in any of the genuine specimens. Such a feature does not necessarily constitute a significant dissimilarity. It may be the result of a temporary physical condition, an accidental slip of the pen, an awkward writing position or simply a random occurrence.

Professional responsibility requires the examiner to distinguish clearly between what has been established and what remains a possibility.

Beyond the Obvious

The obvious question is:

"Do we have the original document?"

The more important question is:

"Does the available material preserve sufficient reliable handwriting evidence?"

The obvious statement is:

"I found a similarity."

Or:

"I found a difference."

The professional statement is:

"I determined and explained whether that similarity or difference has any evidential significance."