Authentication

Question 1

Photo and Video Authentication

Answer 1

Fed and GA - any witness who is familiar with the scene depicted can authenticate a photo or video. It is not necessary to call the photographer as a witness.

GA - where the authenticating witness is unavailable, a photograph, motion picture, videotape, or audio recording is still admissible over an authentication objection if the court determines, based on competent evidence presented to the court, that such an item tends to reliably show the facts for which it is offered.

Question 2

Unattended Camera of Recording

Answer 2

In GA, a photo, video, or audio recording from an unattended camera or recording device will be admitted if:

1) the court determines that it tends to reliably show the facts for which it is offered; and
2) the date and time have been recorded on the item contemporaneously with the events depicted therein.

Any discrepancy in the date or time goes to the weight to be given, it does not preclude admissibility

NOTE - they may be authenticated in other ways

Question 3

Medical Bills

Answer 3

In a GA civil case involving disease or injury, medical bills may be authenticated by the testimony of the patient or the patient’s caregiver that the bills were received and that they relate to the patient’s injuries.

It is not necessary for an expert witness to testify that the bills were reasonable or necessary.

Question 4

Self Authenticating Documents

Answer 4

Fed and GA - self authenticating public records must bear a seal and those that do not bear a seal must be certified under seal

GA - under GA law, GA state, county and municipal records are admissible with a written certification, no seal is required

Question 5

Polygraph Tests

Answer 5

The results of polygraph tests are admissible only pursuant to stipulation by the defense and the state. They are not admissible in the absence of such stipulation

NOTE - polygraph tests are generally inadmissible in federal court to prove the truth of the results