Authentication Flashcards
authentication standard
Whether a reasonable jury could find the evidence to be authentic (what the proponent claims it to be)
opposing party can still challenge authenticity in front of jury
public documents under seal or signed
self-authenticating/automatically admitted
public documents not under seal
self-authenticating/automatically admitted so long as another public officer certified
foreign public documents
self-authenticating/automatically admitted
must be certified by US diplomat
copies of public records
self-authenticating/automatically admitted if certified
must be certified by custodian OR certificate meeting criteria
official publications
self-authenticating/automatically admitted
newspapers/periodicals
self-authenticating/automatically admitted
trade inscriptions and the like
self-authenticating/automatically admitted
acknowledged documents- signed by notary or other officer
self-authenticating/automatically admitted
commercial paper- bills of lading, notes, etc
self-authenticating/automatically admitted
certified business records
self-authenticating/automatically admitted
need certificate of custodian or other qualified W
certified records generated by electronic process/system
self-authenticating/automatically admitted
certified data copied from electronic device/file
self-authenticating/automatically admitted
handwriting/signature non-expert
LAY OPINION
- must be familiar w/ handwriting/signature
- familiarity cannot be obtained during litigation
- –criminal: litigation begins w/ arrest
- –civil: litigation begins w/ complaint filed
EXPERT W
TRIER OF FACT
can be submitted for visual comparison by jury so long as sufficiently similar to support finding
distinctive characteristics of an item/document/phone call/etc.
can est. authenticity thru physical characteristics, writing style, speech pattern, facts peculiarly known to sender. etc.
reply doctrine- A writes to B and letter apparently from B responds to A’s letter → reasonable jury could find B wrote the reply letter
Voice identification- tape or phone call
Need a lay person who is sufficiently familiar w/ voice
Doesn’t matter when became familiar w/ voice
phone convos
Incoming calls- asserting ID is not enough…need additional info like caller ID, etc.
Outgoing calls
- Person: called dialed # assigned to respondent and person IDed themselves as respondent OR provided other clues confirming ID
- Business: dialed # assigned to business and conducted business during phone call
public records
lawfully recorded or filed in appropriate public office
ancient documents
authenticated if
- in original form w/ no changes
- in a place that creates no suspicion as to authenticity
- before specific date in 1998
process or system
must produce evidence showing accuracy of process/system that produced the proffered result
Real evidence
may be authenticated by
- W w/ personal knowledge of item
- distinctive characteristics of circumstances
- establishing chain of custody: doesn’t need to be gap-less. show its the same item and in same condition
