Authentication

Question 1

Filteau v. Wanek (1992)

Answer 1

The application of various rules of evidence sometimes turns on who made a particular statement.
As long as the proponent of the statement produces evidence that would permit a reasonable jury
to find, by a preponderance of the evidence, that a given person made a particular statement, the
court must assume for purposes of assessing its admissibility that the statement was made by that
person.

Question 2

Ginger v. Heisman (2015)

Answer 2

Emails or text messages are properly authenticated when the proponent has produced evidence,
either direct or circumstantial, that would allow a reasonable jury to determine the author of the
message. The fact that an email, text message, or other electronic communication is listed as
coming from an address or number that is either known or purports to belong to a particular person
is sufficient to lay foundation that the communication was sent by the person in order to determine
its admissibility, at least absent particularized reasons to believe that the communication may have
been sent by someone else.

Question 3

State v. Sinclair (2016)

Answer 3

A comparison of handwriting samples may be done by lay jurors on their own or with the aid of
witness testimony. Either direct or circumstantial evidence may support a jury’s conclusion
regarding handwriting. Attorneys during closing arguments may also comment on the similarity
(or lack of similarity) of handwriting samples, even without the aid of witness testimony. Jurors
may give such evidence and conclusions the weight they believe appropriate in concluding the
ultimate issue in any particular case.