Authentication Flashcards
Whenever a writing appears in the exam, what are the four potential issues to look for?
1) Relevance
2) Authentication
3) Best evidence rule; and
4) Hearsay
What is authentication?
A showing that a writing is authentic and that it is what it purports to be.
What if the stipulation as to authenticity is absent?
A foundation must be made in order for the document to be admissible.
What are the 5 ways that show whether someone is the author of a document?
1) Witnesses personal knowledge.
2) Proof of handwriting.
3) Proof by circumstantial evidence.
4) Ancient document rule.
5) Solicited reply doctrine.
Explain how a witness can show an author through personal knowledge.
Witness observed X sign document.
Explain how you can show an author through proving handwriting. There are three forms.
1) Lay person opinion - ‘in my opinion, based on familiarity with X’s handwriting’
2) Expert comparison opinion - ‘X wrote document on basis of comparison between writing and sample’
3) Jury comparison - ‘Jury conducts comparison’
Explain how you can show an author through proof by circumstantial evidence.
Can rely on circumstantial evidence such as appearance, contents, substance, internal patters or other distinctive characteristics (i.e. stuff only Defendant would know)
Explain what the three parts of the ancient document rule are.
Authenticity can be inferred if the document is at least 20 years old (in NY must be 30 years), facially free of suspicion and found in a place of natural custody.
Explain how you can show an author through the solicited reply doctrine.
Document can be authenticated by evidence that it was received in response to a prior communication to the alleged author.
What is the standard for allowing evidence that someone is the author of a document?
It’s a conditional relevancy standard. The document is admissible if court determines there is sufficient evidence from which a reasonable juror could conclude document is genuine.
What are 6 self-authenticated documents? i.e. they are presumed authentic so there is no need for foundation testimony.
1) Official publications
2) Certified copies of public or private records on file in public office
3) Newspapers or periodicals
4) Trade inscriptions and labels
5) Acknowledged document by notary
6) Signatures on commercial paper
How do i authenticate photographs?
Witness may testify on basis of personal knowledge that the photograph is a fair and accurate representation of the people or objects portrayed. DONT HAVE TO BE PHOTOGRAPHER
