Authentication, Writings, and Real Evidence Flashcards
Methods of Authentication
Opponent’s admission, eyewitness testimony, handwriting verifications, ancient document, reply letter, photos or videos, X-rays
Ancient document reqs
1) 20+ years old
2) in a condition that creates no suspicion to authenticity, and
3) found in place where such writing would likely be kept
Photo/video reqs
Needs a witness to testify that it’s a fair and accurate representation of the facts
Can a person identify another person’s voice if they only just heard the person speak once after a trial began?
Yes
Self-authenticating docs? (At least 5)
Domestic public documents with seal, official publications, certified copies of public records or files on record at public office, newspapers and periodicals, trade inscriptions/labels, notarized docs, commercial paper….
business records if certified AND party gives other party notice and opportunity to inspect
Best evidence rule
Original writing must be produced if terms of the writing are material
When does best evidence rule apply?
1) the writing is a legally operative or dispositive instrument, or
2) the knowledge of a witness about a fact is a result from reading it in a writing
Do you need the best evidence rule if the witness has personal knowledge of the facts?
No
Is a printout of a computer screen an original?
Yes, complies with best evidence rule
Is a duplicate sufficient for best evidence rule?
Yes unless it would be unfair to admit it, or a genuine issue arises about its authenticity
May a proponent present a summary of the content of voluminous records?
Yes if originals or duplicates are available for inspection
Does best evidence rule apply when a writing is collateral (not that important) to proceeding?
No
Reqs for real evidence authentication:
Testimony of witness that they recognize object as what the proponent claims, OR item was held in substantially unbroken chain of possession
