6. Writings and Physical Evidence

Question 1

AUTHENTICATION:

Answer 1

Every item of physical evidence must be authenticated

♣ Low burden (may be proved by any means that serve to establish authenticity)

♣ Self-authenticating evidence: writings that contain identifying info don’t need separate authentication (e.g. deeds, notarized documents, newspapers)

Question 2

AUTHENTICATION:

Ancient documents: Automatically authenticated if:

Answer 2

♣ 1. Document is 20 or more years old

♣ 2. Does not present any irregularities on its face; and

♣ 3. Found in a place of natural custody

Question 3

AUTHENTICATION:

Photos

Answer 3

Must have personal knowledge to authenticate

Question 4

AUTHENTICATION:

Voice

Answer 4

Whether heard firsthand or through a recording, a voice may be identified by anyone who heard the voice at any time.

Question 5

AUTHENTICATION:

Non-unique items

Answer 5

Items facially indistinguishable from others of its kind (e.g. white powder, generic syringe)

• Must establish “chain of custody”

Question 6

Best Evidence Rule:

Answer 6

If evidence is offered to prove the contents of a writing, an original document must be used unless it’s unavailable
♣ “Writing”: any tangible collection of data (e.g. videos, documents, photos)

Evidence that’s sufficient to prove a writing’s content:
♣ 1. Originals
♣ 2. Duplicates (must be machine or carbon copy)
♣ 3. Testimony regarding contents: admissible if original is lost or destroyed, unless done in by faith

Voluminous document exception: a voluminous series of documents may be summarized in court. (Originals may be available for inspection)