Authentication

Question 1

A party offering a document must be able to give….

Answer 1

some indicia that it is what it purports to be.

Question 2

Some types of documents do not require additional proof for authentication, these are…

Answer 2

1. Domestic public records offered in compliance with statute;
2. Foreign public documents;
3. Presumptions created by law;
4. Medical records and bills in particular actions;
5. Specific certificates of analysis & reports;
6. Certified records of a regularly conducted activity.

Question 3

Business records can be self-authenticating with the appropriate foundation being laid through:

Answer 3

(1) Witness testimony; or

(2) A certification of the authenticity of and foundation for the record made by the custodian of such record.

Question 5

To prove the content of a writing…

Answer 5

the original writing is required.

[best evidence rule]

Question 6

Copies of documents that would otherwise need to be produced in their original form are allowable when…

Answer 6

1. All originals are lost or have been destroyed [unless proponent did so in bad faith];
2. The original copies cannot be obtained by any available judicial process;
3. The original was in the possession of a party against whom it was being offered and that party did not produce the original; or
4. The writing is not closely related to a controlling issue.

Question 7

Hearsay exemptions that apply regardless of if the declarant is available are:

Answer 7

1. Admissions by party-opponents;
2. Present sense impressions;
3. Excited utterances;
4. Then existing mental, emotional, or physical condition;
5. Recorded recollections;
6. Records of regularly conducted activities;
7. Public records & reports;
8. Records of vital statistics;
9. Absense of entries in public records & reports;
10. Records of religious organizations;
11. Marraige, baptismal, and similar certificates;
12. Family records;
13. Records of documents affecting an interest in property;
14. Statements in documents affecting an interest in property;
15. Statements in ancient documents;
16. Market quotations;
17. Learned treatises.;
18. Reputation concerning boundaries;
19. Reputation as to a character trait;
20. Judgment as to personal, family, or general history, or boundaries;
21. Statement of identification by a witness;
22. Recent complaint of sexual assault;
23. Price of goods.