Authentication

Question 1

What is required to authenticate a piece of evidence? (FRE 901)

Answer 1

Proponent must provide sufficient evidence to support a finding that the item is what the proponent claims

Question 2

What are some examples of self-authenticating documents?

Answer 2

1. Original public documents (domestic under not; foreign)
2. Certified copies of public documents
3. Official publications (issued by public authority)
4. Newspapers or periodicals (printed)
5. Trade inspections (and the like)
6. Acknowledged documents (notary)
7. Commercial paper and related documents
8. Acts of congress and its presumptions
9. Certified domestic records of routinely conducted activity (requires a cover sheet)
10. Foreign certified records of regularly conducted activity
11. Certified records generated by an electronic system (certified by a real person)
12. Certified data copied from an electronic device, stage medium, or file (certified by a qualified person)
    Testimony of subscribing witness is required for ALL

Question 3

Who determines the admissability of tevidence? Who determines the weight of the evidence?

Answer 3

The Judge determines admissabiliity
the Jury determines the weight