Authentication

Question 1

What is the best evidence rule

Answer 1

Original writing must be produced to prove material terms or a writing

Question 2

Can a duplicate be introduced under the best evidence rule?

Answer 2

Yes if made by mechanical means and the authenticity of the original document is not disputed

Question 3

When can secondary evidence, such as oral testimony, come in under the best evidence rule

Answer 3

Where the proponent can prove the original document is lost or destroyed

Question 4

When is authenticity as to identity of a speaker required?

Answer 4

When a statement is admissible on,y if said by a particular person

Question 5

Who can identify a voice?

Answer 5

Opinion of Anyone who has heard the voice at any time, even for purposes of testifying

Question 6

How can telephone statements be authenticated?

Answer 6

Any party to the call testifying that the recognize the party’s voice, the speaker had knowledge of certain facts that only a particular person would have, they called a persons number and the voice answered as that person, or they called a business and talked with the person about relevant business matters

Question 7

Are photographs and videos admissible

Answer 7

Generally yes, if identified by a witness as being a fair and accurate portrayal of relevant facts to the case

Question 8

When doesn’t the best evidence rule apply?

Answer 8

Witness has personal knowledge of the facts (I.e. witness testifying he is married; original certificate not needed)