Authentication, Writings and Real Evidence

Question 1

How can an opponent’s admission authenticate a document?

Answer 1

An opponent can authenticate a document if he/she has admitted its authenticity or acted upon it as authentic.

Question 2

A writing can be authenticated by testimony of anyone who _________________ or ______________________.

Answer 2

• Saw it executed
• Heard it acknowledged.

Question 3

Explain how a writing can be authenticated by evidence that a person’s handwriting is genuine.

Answer 3

• The opinion of a layperson who is familiar with the alleged writer’s handwriting (can’t be acquired for purposes of the current litigation)
• The opinion of an expert who compared the writing to other writings by the alleged writer.
• The fact-finder’s comparison of writing samples.

Question 4

What are the ancient document requirements for authentication?

Answer 4

• More than 20 years old.
• Is in no condition that creates to suspicion as to authenticity.
• Was found in a place where such writing would likely be kept.

Question 5

A writing can be authenticated by evidence that it was written in response to a communication sent to the alleged author.

True or false.

Answer 5

True.

Question 6

How can photo/video evidence be admissible?

Answer 6

If it is identified by a witness as a portrayal of certain facts relevant to the issues AND verified as a fair and accurate description of those facts.

Question 7

How can X-ray/electrocardiogram evidence be admissible?

Answer 7

Must show that:
- Process was accurate.
- The machine was in working order.
- The operator was qualified to operate it.
*Must also show a custodial chain to show that x-ray was not tampered with.

Question 8

How a verbal statement can be authenticated.

Answer 8

• Verbal identification by anyone who has heard the voice at any time.
• Telephone Conversation Process.

Question 9

Explain how a telephone conversation can be authenticated.

Answer 9

Authenticated by a party who testifies that:

• They recognized the other party’s voice.
• The speaker knew of certain facts that only a particular person had.
• they called the person’s number and the person answered.
• they called a business and talked with the person answering the phone about matters relevant to the business.

Question 10

Name the EIGHT types of self authenticating documents.

Answer 10

• Domestic public documents bearing seals
• Official publications
• Certified copies of public/private record.
• Newspapers/Periodicals
• Trade inscriptions/labels
• Notarized documents
• Commercial paper.
• Business records (If the records are certified and adverse party has written notice/opportunity to inspect)

Question 11

To prove the content of a writing, recording, or photograph, the _______________ must be produced if the terms of the writing are _______________.

Answer 11

• Original writing
• Material

Question 12

When can secondary evidence of the writing be be admissible regarding Best Evidence Rule?

Answer 12

If there is a satisfactory excuse for the original writing’s absence.

Question 13

When does the Best Evidence Rule apply?

Answer 13

• When writing is a legally operative or dispositive instrument.
• Where the knowledge of a witness concerning a fact results from having read it in writing.

Question 14

When are duplicate copies inadmissible as evidence?

Answer 14

(1) the circumstances make it unfair to admit the duplicate
(2) a genuine question is raised about the authenticity of the original.

Question 15

What are the valid excuses for not being able to produce an original document for evidence?

Answer 15

• Loss or destruction
• Can’t be obtained by any available judicial process
• The original is in possession of an adversary