Authentication

Question 1

Handwriting

Answer 1

Comparison – expert witness or trier of fact **compares **authenticated against disputed handwriting (or fingerprints, hair, cloth fibers) or

Non-expert opinion – witness with **personal knowledge **of authentic handwriting not acquired for litigation gives opinion on disputed handwriting
==> dont need to compare

Question 2

Physical Objects

Answer 2

Authentication requires a prima facie showing that the object is what the proponentclaims it to be.

This is most often accomplished by testimony of someone with personal knowledge of the object (eg, the officer who found the items), which comes from firsthand observations or experiences.

Question 3

Best Evidence Rule

Answer 3

Original (or reliable duplicate) of writing, recording, or photograph must be produced to prove its content unless:

(a) all originals lost or destroyed by means other than proponent acting in bad faith
(b) original cannot be obtained by judicial process
(c) nonproponent had control of original & notice that original was required at trial or hearing, but failed to produce it
(d) writing, recording, or photograph not closely related to controlling issue
(e) Contents can be proven by opposing party’s testimony, deposition, or written statement
(f) Contents of public record can be proven by: (a) certified copy, (b) copy of records & comparison testimony or (c)
other evidence if above proof is not reasonably obtainable

==> The best evidence rule applies only when the contents of a recording, writing, or photograph are at issue—not when a witness is testifying based on personal knowledge.