Authentication Flashcards
Authentication CEC 1400
Authentication of a writing means (a) the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or (b) the establishment of such facts by any other means provided by law.
Authentication required CEC 1401
(a) Authentication of a writing is required before it may be received in evidence. (b) Authentication of a writing is required before secondary evidence of its content may be received in evidence.
Witness to the execution of a writing CEC 1413
A writing may be authenticated by anyone who saw the writing made or executed, including a subscribing witness.
Proof of handwriting by person familiar therewith CEC 1416
A witness who is not otherwise qualified to testify as an expert may state his opinion whether a writing is in the handwriting of a supposed writer if the court finds that he has personal knowledge of the handwriting of a supposed writer. Such personal knowledge may be acquired from: (a) Having seen the supposed writing write; (b) Having seen a writing purporting to be in the handwriting of the supposed writer and upon which the supposed writer has acted or been charged; (c) Having received letters in the due course of mail purporting to be from the supposed writer in response to letters duly addressed and mailed by him to the supposed writer; or (d) Any other means of obtaining personal knowledge of the handwriting of the supposed writer.
Comparison of handwriting by trier of fact CEC 1417
The genuineness of handwriting, or the lack thereof, may be proved by a comparison made by the trier of fact with handwriting (a) which the court finds was admitted or treated as genuine by the party against whom the evidence if offered or (b) otherwise proved to be genuine to the satisfaction of the court.
Comparison of writing by expert witness CEC 1418
The genuineness of writing, or the lack thereof, may be proved by a comparison made by an expert witness with writing (a) which the court finds was admitted or treated as genuine by the party against whom the evidence is offered or (b) otherwise proved to be genuine to the satisfaction of the court.
Authentication by evidence of reply CEC 1420
A writing may be authenticated by evidence that the writing was received in response to a communication sent to the person who is claimed by the proponent of the evidence to be the author of the writing.
Authentication by content CEC 1421
A writing may be authenticated by evidence that the writing refers to or states matters that are unlikely to be known to anyone other than the person who is claimed by the proponent of the evidence to be the author of the writing.
Secondary Evidence Rule CEC 1521
(a) The content of the writing may be proved by otherwise admissible secondary evidence. The court shall exclude secondary evidence of the content of the writing if the court determines either of the follow:
(1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion. (2) Admission of the secondary evidence would be unfair.
Oral testimony to prove content of a writing CEC 1523
Oral testimony is not admissible to prove the content of a writing unless the original is lost or destroyed, the original cannot be obtained by subpoena or other process, or the writing is not closely related to the controlling issues.
Secondary evidence in criminal cases CEC 1522(a)
“[I]n a criminal action the court shall exclude secondary evidence of the content of a writing if the court determines that the original is in the proponent’s possession, custody, or control, and the proponent has not made the original reasonably available for inspection at or before trial.”
Dealing with Documents Essay: Documents give you a RASH
- Relevance
- Authentication
- Secondary Evidence Rule (CEC)/ Best Evidence Rule (FRE)
- Hearsay
Original document CEC 255
“original” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes negative or any print therefrom. If data is stored in a computer or similar device, any printout or other output readably by sigh, shown to reflect the data accurately is an “original”.
Duplicate document CEC 260
A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original.
