Authentication

Question 1

Physical evidence must be —, requiring . . .

Answer 1

Authenticated

Evidence sufficient to show that evidence is what it purports to be

Question 2

True or False: Evidence can be self-authenticating

Answer 2

True. Rule 902 specifies that certain categories of evidence are self-authenticating

Question 3

Examples of self-authenticating documents

Answer 3

Public documents sealed and signed, official publications, public records

Question 4

Procedural steps for authentication

Answer 4

1) mark exhibit; 2) hand to opposing counsel for inspection; 3) hand to authenticating witness; 4) lay foundation for admission; 5) offer exhibit into evidence; 6) wait for objection; 7) court will usually rule; 8) if not ask; 9) with ct permission, hand to judge or publish to jury

Question 5

True or False: You always must call a witness to authenticate evidence

Answer 5

False. The jury is capable of authenticating some things, such as comparing handwriting

Question 6

When an item has passed through several hands, you must show

Answer 6

1) it has a distinctive characteristic or
2) there is a chain of custody. The chain must be complete. A gap in the chain may defeat authentication

Question 7

Authenticating voice

Answer 7

Generally best do with a witness who can testify they recognize the voice or heard the conversation. May be done with phone number, but that alone would likely be insufficient

Question 8

What must be included to authenticate a text message

Answer 8

Name or phone number of sender and date and time of receipt

Question 9

What is the rule of illustrative aids

Answer 9

May be used if help comprehend and their utility is not SUBSTANTIALLY outweighed by the danger of unfair prejudice, confusing the issue, misleading the jury, undue delay or expense, or wasting time

Question 10

True or False: Illustrative aids are not evidence

Answer 10

True. They are not available to the jury during deliberations but do need to be included in the record for appeals

Question 11

True or False: A photo must be authenticated by the photographer who took it

Answer 11

False. A photo may be authenticated by anyone who can testify it is an accurate representation of the scene at the time it was taken.

Question 12

Social media posts can be self-authenticating if these three factors are met:

Answer 12

1) copies made through digital id process; 2) qualified person can submit written certification regarding process; and 3) reasonable notice of the intended use provided to opponent

Question 13

What is the best evidence Rule?

Answer 13

An original writing, recording, or photograph is required to prove its content

Question 14

When are duplicates admissible under the best evidence rule?

Answer 14

Admissible to same extent as original so long as there is no genuine question as to the authenticity, or if circumstances make unfair

Question 15

When is an original not required by the best evidence rule? (4)

Answer 15

A) originals lost or destroyed absent bad faith
B) cannot be obtained by judicial process
C) party fails to produce
D) not closely related to controlling issue

Question 16

True or False: A writing must be submitted in full, or not at all

Answer 16

False. A piece of a writing may be submitted. However, any other part may be brought in if, in fairness, it ought to