Authentication, Writings and Real Evidence

Question 1

authentication standard

Answer 1

proof must be sufficient to support a jury finding of genuineness

Question 2

handwriting verifications

Answer 2

writing can be authenticated by opnion of lay witness who has familiarity with the handwriting in the course of normal affairs (not acquired for purposes of litigation);
-can also be authenticated by an expert who has cmopared the writing to samples of alleged writers writing or
-fact finder (jurys) comparisons of sample to alleged writers handwriting

Question 3

auth of an unattended camera

Answer 3

photo or video can be admitted upon showing htat the camera was properly operating at the relevant time and that the photo or vide downloaded from that camera was obtained from that camera

Question 4

auth of xray, electrocardiogram etc

Answer 4

must be shown that process used is accurate, machine was working, and operator was qualified to operate it, custodial chain of ownership to show equipment was not tampered with

Question 5

auth of telephone convos

Answer 5

can be authenticated by any party to the call who testifies that 1) they recognized the other partys voice 2) the speaker had knowledge of certain facts that only a particular person would have 3) they called a particular persons number and a voice answered as that person or that residence or 4) they called a business and talked with the person answering the phone about matters relevant to the business

Question 6

when does best evidence rule apply

Answer 6

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

doesnt apply if witness has personal knowledge of fact outside of doc

Question 7

admissibility of secondary evidence of contents - valid excuses for non production of original

Answer 7

1) loss or destruction (unless in bad faith) 2) og cannot be obtained by any available judicial processs or 3) og is in posession of an adversary who doesnt produce it after due notice

Question 8

exceptions to best evidence rule

Answer 8

1) certified public records 2) writing is collateral to litigated issue 3) testimony or written admission of opponent 4) summaries of voluminous records

Question 9

questions of admissibility for jury

Answer 9

reserved if question of whether og ever existed; whether writing produced at trial is an og and whether the evidence offered correctly shows contents of original

Question 10

what does court do re admissiblity of duplicates?

Answer 10

court makes determinations of fact for admissiblity of duplicates, copies and oral testimony as to contents of original

Question 11

Real evidence admissiblity

Answer 11

must be relevant and authenticated by either testimony of a witness who recognized the object or evidence of substantially unbroken chain of possession; condition of object (if significant) must be substantially the same at trial

proof sufficient to support jury finding of genuineness

Question 12

demonstrations as real evidence

Answer 12

ok, court can permit at discretion - experiment must be performed under conditions that are substantially similar to those attending original event