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Evidence > Doc Authentication and Identification > Flashcards

Doc Authentication and Identification Flashcards

1
Q

E - Doc Authentication - Gral / need

A
  • Doc usually admissible as E if party gives pre-trial notice and no timely objection
  • BUT it is not E on itself, NEEDS authentication - its “Condition Precedent”
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2
Q

E - Doc Authentication - Acceptable Methods (8)

A
  1. Testimony of W w/knowledge
  2. Photo or drawing
  3. Non-expert opinion on handwritting
  4. Distinctive Characteristic
  5. Voice ID
  6. Telephone conversations
  7. E-mail and text messages
  8. Ancient docs or data compilation
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3
Q

E - Doc Authentication - Acceptable Methods - Testimony of W w/knowledge / on what, who

A
  • W testimony on what the docs purports to be and that is not fake or forgery
  • It can be the maker or the W to the creation
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4
Q

E - Doc Authentication - Acceptable Methods - Testimony of W w/knowledge - Special rules

A
  1. Special knowledge required when facts only known to himself and the writer
  2. Maker might testify that he indeed make the writing
  3. W can testify to the creation of doc
  4. Out of court statement is subject to hearsay rules
  5. Expert opinion on handwriting - compared signature in doc with authenitcated signature
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5
Q

E - Doc Authentication - Acceptable Methods - Photograpfh or drawing

A
  • By testimony on accuracy of representation from W to scene depicted
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6
Q

E - Doc Authentication - Acceptable Methods - Non-expert opinion on handwriting

A
  • Only when based upon familiarity acquired prior litigation
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7
Q

E - Doc Authentication - Acceptable Methods - Distinctive Characteristics

A
  • Used in conjunction with circumstances
  • For appearance, content, substance, internal pattern or other
  • i.e.: Authenticity of page 3 of a 5 page letter if it fits in relation with the other.
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8
Q

E - Doc Authentication - Acceptable Methods - Voice ID

A
  • ID of voice
  • Can be done by firsthand or mechanical/electronic transmission or recording
  • W must have prior knowledge of voice to testify on it
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9
Q

E - Doc Authentication - Acceptable Methods - Telephone Conversations / when

A
  • As E that call was made to specific number assigned to person and business
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10
Q

E - Doc Authentication - Acceptable Methods - Telephone Conversations / Reqs (3)

A
  1. Id of person who answered the phone
  2. Reasonable content- i.e. for business that call was made to place of business and conservation related
  3. Return Call after someone leaves a message, that voice message can be authenticated
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11
Q

E - Doc Authentication - Acceptable Methods - E-mail and text messages

A
  • By testimony w/s_pecial knowledge_ of the author and email address
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12
Q

E - Doc Authentication - Acceptable Methods - Ancient Docs or data compilation /Reqs

A
  • To authenticate, proof that they are (3):
  1. Not suspicious
  2. Likely to be found in determined place
  3. In existence for 20 or more years
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13
Q

E - Doc Authentication - Self Authentification /When

A
  • Only for official documents
    • ​publications under seal or oath
  • No additional E of authenticity required for admissibility
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14
Q

E - Doc Authentication - Self Authenticated - Official Doc Types allowed (12)

A
  1. Domestic public docs under seal
  2. Domestic public docs not under seal w/conditions (reason for no seal + later authenticated of signature)
  3. Certified copies of public records
  4. Official Publications
  5. Newspapers and Periodicals
  6. Foreign Public docs
  7. Trade Inscriptions
  8. AAcknowledge docs
  9. Commercial Paper and related docs
  10. Acts of congress
  11. Certified Domestic Record of Regularly Conducted Activity
  12. Certified Foreign Record of Regularly Conducted Act
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15
Q

E - Doc Authentication - Self Authenticated - Official Doc Types allowed - Foreign Public Records (2 reqs)

A
  1. Signed by authorized public official with authorization by foreing law
  2. Final certification of US consular agent
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16
Q

E - Doc Authentication - Self Authenticated - Official Doc Types allowed - Trade Inscriptions

A
  • With signs, tabs or lalbels affixed in the course of business indicating ownership, control or origin
17
Q

E - Doc Authentication - Self Authenticated - Official Doc Types allowed - Certified Domestic Record of Regularly Conducted Activity / from whom, notice

A
  • Record from custodian or other qualifed person
  • Proponent must give ntoice to adverse parties and make docs available
18
Q

E - Doc Authentication - Self Authenticated - Official Doc Types allowed - Certified Domestic Record of Regularly Conducted Activity / “Proper Record” (3)

A
  1. Near in time or at time of creation or ocurrence
  2. Regular Course
  3. Regularly Conducted Activity - record made as part of those activities (not unique answer to specific answer)
19
Q

E - Doc Authentication - Self Authenticated - Official Doc Types allowed - Certified Foreign Record of Regularly Conducted Act

A
  • Simiar reqs for local record
  • BUT only for civil cause
  • Under penalty of perjury in country of origin

Evidence (9 decks)

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