Authentication and Identification

Question 1

Rule of Authentication

Answer 1

Supported by evidence showing item is what it is claimed to be through either direct or circumstantial evidence, whether tangible or testimonial

Question 2

Tangible Evidence - 3 Types

Answer 2

Real: documentary, voice samples, physical objects, displays in court
Demonstrative: visual aids
Scientific Evidence - require minimum safeguards for reliability

Question 3

Self-Authenticating

Answer 3

Bearing a seal
No seal if signature of officer or employee of entity designated by statute or if another employee has a seal and can attest to the signature

Foreign country by person authorized to sign it, with a certification and all parties have inspected it

Official record, book, newspaper, notary public, inscription/sign/tag/label, anything federal law says is so

Question 4

Requirement of the Original

Answer 4

Best evidence rule - witness without personal knowledge offering contents of doc into evidence as proof of what it says, need original

Also applies when content of writing directly affects legal rights at issue and if witness’s testimony is reliant on the writing

First hand testimony precludes need for best evidence

Question 5

Duplicates are fine

Answer 5

unless a genuine question is raised or it s unfair to raise it

Question 6

When Original Not Required

Answer 6

lost or destroyed, cannot be obtained by judicial process, party who it’s being used against had control of it, put on notice, and did not produce it, is not closely related to a controlling issue