AUTHENTICATION, WRITINGS, AND REAL EVIDENCE

Question 1

AUTHENTICATION

Ancient docs

Self-authenticating

Answer 1

General Rule - same FRE and CEC:
Prior to being admitted, a writing or other physical evidence must be authenticated by proof showing it is what the proponent claims it to be.

Ancient documents
FRE: Ancient documents must be 20 years old to be deemed authentic (additionally, there is a hearsay exception for documents prepared before 1998).
CA: Under CEC, ancient documents must be more than 30 years old to be deemed authentic (and to qualify for the hearsay exception).

self-authenticating documents
FRE: Categories of Self-auth’ing docs include trade inscriptions and certified business records.

CA:
Under CEC, categories of self-authenticating documents do not include trade inscriptions and certified business records.

Question 2

BEST EVIDENCE RULE

Answer 2

General Rule - Both:
Applies only where evidence is offered to prove contents of writing, defined broadly to include any collection of data in tangible form.
Offered to prove contents when:
* W’s knowledge obtained from writing, or
* Case turns on contents of legal instrument.

Original writing must be produced, subject to many exceptions.
* Duplicates (next card) allowed unless genuine question of authenticity.
* Tesimony re Contents admissable if lost/destroyed, unless done in bad faith by proponent of testimony.
* Volumous docs - may be summarized, but ogs relioed upon must be made available for inspection.

CEC same as Federal Rule but called the “secondary evidence rule.”
Proposition 8 does not apply to this rule.

Question 3

Best Evidence Rule

Duplicates

Answer 3

FRE:
Duplicates (includes copies made by machine or by same impression that made the original) are admissible as originals, unless admitting the evidence would be unfair or a genuine question about the authenticity of the original is raised. Handwritten copies are not duplicates.

CA:
Under CEC, duplicates and other written evidence of contents, including reconstructed copies and handwritten notes, are all usually admissible
(unless, as under the Federal Rule, admitting the evidence would be unfair or a genuine question about authenticity is raised).

Question 4

Authenticating Photos as Demonstrative Evidence

Answer 4

Auth’ by Testimony that photo is a faithful reproduction of object/scene depicted.