Authentication

Question 1

authentication standard

Answer 1

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

Question 2

public documents under seal or signed

Answer 2

self-authenticating/automatically admitted

Question 3

public documents not under seal

Answer 3

self-authenticating/automatically admitted so long as another public officer certified

Question 4

foreign public documents

Answer 4

self-authenticating/automatically admitted

must be certified by US diplomat

Question 5

copies of public records

Answer 5

self-authenticating/automatically admitted if certified

must be certified by custodian OR certificate meeting criteria

Question 6

official publications

Answer 6

self-authenticating/automatically admitted

Question 7

newspapers/periodicals

Answer 7

self-authenticating/automatically admitted

Question 8

trade inscriptions and the like

Answer 8

self-authenticating/automatically admitted

Question 9

acknowledged documents- signed by notary or other officer

Answer 9

self-authenticating/automatically admitted

Question 10

commercial paper- bills of lading, notes, etc

Answer 10

self-authenticating/automatically admitted

Question 11

certified business records

Answer 11

self-authenticating/automatically admitted

need certificate of custodian or other qualified W

Question 12

certified records generated by electronic process/system

Answer 12

self-authenticating/automatically admitted

Question 13

certified data copied from electronic device/file

Answer 13

self-authenticating/automatically admitted

Question 14

handwriting/signature non-expert

Answer 14

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

Question 15

distinctive characteristics of an item/document/phone call/etc.

Answer 15

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

Question 16

Voice identification- tape or phone call

Answer 16

Need a lay person who is sufficiently familiar w/ voice

Doesn’t matter when became familiar w/ voice

Question 17

phone convos

Answer 17

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

Question 18

public records

Answer 18

lawfully recorded or filed in appropriate public office

Question 19

ancient documents

Answer 19

authenticated if

• in original form w/ no changes
• in a place that creates no suspicion as to authenticity
• before specific date in 1998

Question 20

process or system

Answer 20

must produce evidence showing accuracy of process/system that produced the proffered result

Question 21

Real evidence

Answer 21

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