Authentication Flashcards
Authentication
a party must authenticate any tangible thing offered as evidence.
Sufficiency standard.
Authentication 2-step process
- the judge decides whether a reasonable jury could find the item to be what the proponent claims it to be
- if so, the jury decides whether the evidence is sufficient to determine that the item is, in fact, authentic
Self authentication
will be admitted into evidence without any outside evidence of authenticity
various official, public, or knowledge documents, certified or with signature and seal
Domestic public documents under seal, without a seal if certified, certified copies of public records
newspapers
trade inscription
commercial paper
certified business record
acknowledged documents
Methods of Authentication: Testimony of a witness with knowledge
must have first hand knowledge
Methods of Authentication: Non-expert opinion on handwriting
Non-experts may offer opinions that handwriting samples are genuine if they are familiar with the particular handwriting and that familiarity was not acquired for the current litigation
Methods of Authentication: Comparison by trier of fact or expert
An expert witness or the trier-of-fact compares the item with an authenticated specimen
Methods of Authentication: Distinctive characteristics
This includes the appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, which, taken together with all the circumstances, indicate its authenticity
Methods of Authentication: Voice identification
an opinion by a person with knowledge identifying a person’s voice
Methods of Authentication: Telephone conversations
evidence of a telephone conversation, or evidence that a call was made to the number assigned at the time to a particular person or business
Methods of Authentication: Public reports or records
evidence that a document was filed in a public office as authorized by law, or purported public record is from the office where items of this kind are kept
Methods of Authentication: Ancient documents or data compilation
includes documents and data prepared or created before Jan 1, 1998
Methods of Authentication: Process or system
Evidence describing a process or system and showing that it produces an accurate result
Methods of Authentication: Methods provided by statue or rule
allowed by federal statue
Practical procedures for admitting exhibits
The Best Evidence Rule
The Completeness Doctrine
Methods of Authentication: Chain of Custody
show that the exhibit in court is the actual item in question and that it has not undergone any significant change
Demonstrative Exhibits
illustrate and clarifies a witness’s oral testimony. To create a foundation for demonstrative familiarity with whatever is depicted and must testify that the exhibit fairly and accurately represents the subject
