Authentication and Identification

Question 1

tangible evidence

Answer 1

documentary evidence and physical objects

Question 2

demonstrative evidence

Answer 2

Evidence that is representative or illustrative of an object or situation (e.g. animation of a car crash)

Question 3

what is authentication of evidence?

Answer 3

All evidence must be authenticated (i.e. proven “genuine”) before it may be admitted.
The proponent must establish that the object is what they are claiming it to be.
The final decision as to whether the evidence is authenticated rests with the jury.

*only tangible evidence needs to be authenticated

Question 4

When is authentication not necessary?

Answer 4

1. Parties have stipulated to the facts; or
2. Party granted a written request for admission

Question 5

extrinsic authentication

Answer 5

a witness is required to authenticate the item

Question 6

extrinsic authentication: direct evidence

Answer 6

someone with personal knowledge of, or familiarity with, or a “custodian of records” testifies to authenticate

Question 7

extrinsic authentication: circumstantial evidence

Answer 7

may be authenticated by:

1. chain of custody: witness(es) can testify to where the item was from the moment that mattered to the moment when offered. (confirms item was not tampered with or altered)
2. ancient documents rule: old document (at least 20 years old) found in a place where it would likely be found under circumstances suggesting authenticity.
3. other distinctive characteristics: distinctive appearance, contents, substance, internal patterns, etc.
4. expert witness comparison: * An expert may authenticate by comparison/analysis a document, handwriting, voice or other item

Question 8

handwriting authentication

Answer 8

three ways to authenticate:

1. by a layperson with familiarity (not acquired for litigation)
2. by comparison by an expert with person’s know writing sample; or
3. by comparison by the trier of fact

Question 9

voice authentication

Answer 9

Opinion of person who has heard speaker at any time, even if familiarity is acquired for the litigation.

Question 10

How do you authenticate statements made during a telephone conversation?

Answer 10

Evidence showing the proponent called the number assigned to the person or business, and the person or business identified themselves upon answering

Question 11

What is self-authenticating evidence?

Answer 11

Evidence that is so self-evident, it requires no extrinsic evidence of authenticity in order to be admitted.

(e.g., notarized document)

Question 12

types of self-authenticating evidence

Answer 12

(“CONTAC”)
1. Certified documents
2. Official publications
3. Newspapers and periodicals
4. Trade inscriptions
5. Acknowledged documents
6. Commercial paper