authentication and best evidence Flashcards
901 authenticating or IDing evidence
a) in general to satisfy the requirement of authenticating or IDing an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is
b) examples
902 self-authenticating evidence
1) domestic public documents that are sealed and signed
2) domestic public documents not sealed but signed and certified
3) foreign public documents
4) certified copies of public records
5) official publications
6) newspapers and periodicals
7) trade inscriptions and the like
8) acknowledged documents
9) commercial paper and related documents
10) presumption under fed statute
11) certified domestic records of a regularly conducted activity
12) cerified foreign records of regularly conducted acitivity
1001 best evidence definitions
a) writing: letters/words/numbers or their equivalent set down in any form
b: recording: the above, recorded in any matter
c) photograph: image or equivalent stored in any form
d) original: means the writing or recording itself or any counterpart intended to have same effect by person who executed or issued it. If electronically stored, an original is any printout or output readable by sight that accurately reflects the info. An original of a photo includes a negative or print
e) duplicate: a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original
1002 requirement of the original
an original writing, recording, or photograph is required in order to prove its content unless these results or fed statute provides otherwise
1003 admissibility of duplicates
a duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate
1004 admissibility of other evidence of content
original is not required and other evidence of the content of a writing, recording, or photograph is admissible if
a) all originals are lost or destroyed; and not by proponent acting in bad faith
b) original cannot be obtained by any available judicial process
c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original wold be a subject of proof at the trial or hearing; and fails to produce it; or
d) the writing, recording, or photo is not closely related to a controlling issue
1006 summaries to prove content
The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.
1007 testimony or statement of party to prove content
The proponent may prove the content of a writing, recording, or photograph by the testimony, deposition, or written statement OF THE PARTY AGAINST WHOM the evidence is offered. The proponent need not account for the original.
