Authentication, Writings, and Real Evidence Flashcards
Photograph admissibility
To be admissible, a photograph must be identified by a witness as a portrayal of certain facts relevant to the issue, and verified by the witness as a correct representation of those facts. It is not necessary to call the photographer to authenticate the photograph.
Admission of part of a record
When part of an act, conversation, or writing is introduced into evidence, the Federal Rules provide that the adverse party may compel the proponent of the evidence to introduce any part thereof that ought, in fairness, to be considered at the same time.
Refreshing recollection
When a witness has used a writing to refresh his recollection on the stand, the adverse party can introduce that writing into evidence.
Voice recognition
A voice, whether heard firsthand or through a tape recording, may be identified by the opinion of anyone who has heard the voice at any time. As long as such a foundation is laid to show familiarity with the voice, a lay opinion as to the identity of the speaker is permissible. A person can become familiar with a voice after litigation has begun and for the sole purpose of testifying.
Record of a document affecting an interest in property
Statements in a document affecting an interest in property are admissible if they are relevant to the purpose of the document.
Authentication - generally
Before a writing or any secondary evidence of its content may be received in evidence, the writing must be authenticated by proof showing that the writing is what the proponent says it is. In general, a writing may be authenticated by any evidence that serves to establish its authenticity.
