Authentications Of Writings Flashcards
How to authenticate hand writing?
- Expert
- Jury
- Lay person who is familiar (not just for suit)
Ancient Doc Authentication Method
- At least 20 yrs old
- Good condition
- Found where you’d expect
Photo/Video Authentication
Witness must say fair and accurate depiction
Unattended Camera Authentication
Working properly at time
X-ray Authentication
Works and used by qualified person
Voice ID Authentication
Voice ID:anyone who heard at any time
Phone: party to call
Self Authenticating Docs
Domestic pub docs, official publications, certified copies, newspaper, labels, notarized doc, business records, trade inscriptions
Best Evidence Rule
To prove the contents of a writing, the OG must be introduced
Only applies if:
•Doc is legally operative
Or
•Witness based knowledge on doc
Exception to Best Evidence Rule
•Large volumes
•Certified copies
•If writing collateral
Are duplicates or hand written copies admissible?
Duplicates treated as OG
Handwritten copies secondary evidence
What are some valid excuses for not producing an OG doc?
Lost or destroyed (not in bad faith)
Can’t be obtained judicially
In possession of adverse party