Documentary Evidence Flashcards
what is authentication?
requires a party show that the item being introduced as evidence is what the party claims it to be
how can physical evidence (weapons, drug paraphernalia, photographs) be authenticated?
1) witness testimony - personal knowledge of witness who has familiar with the object or 2) chain of custody - witness can verify whereabouts of evidence from collection to trial
documentary evidence (letters contracts, etc) may be authenticated through:
1) stipulation (both parties agree), 2) witness testimony 3)handwriting verification
handwriting verification by expert witness or trier of fact:
can verify by comparing to another that has been proven to be genuine
handwriting verification by non-expert witness:
with personal knowledge of handwriting in question can verify. but CANNOT become familiar with the handwriting in order to prepare for litigation
self-authenticating documents:
do not require extrinsic proof of authenticity
public documents bearing a seal, ceritfied copies of public records, official publications issued by a public authority, newspaper/periodicals, notarized documents, commercial paper, trade inscriptions (clothing tags, labels of original origin or control), and records of regularly conducted business activity certified by a custodian of the records
oral statements may be authenticated by:
Any person who has heard the person’s voice by ANY means (electronic, live)
IRRELEVANT if voice heard for preparation in litigation
Best Evidence Rule
a party MUST PROVIDE the original document (writings recordings photos electronic docs X-rays and videos) or an accurate duplicate when 1) the contents of the document are at issue or 2) witness is relying on the document when testifying
handwritten copy of an original is NOT an accurate duplicate and is only admissible when the original or duplicate is lost destroyed or otherwise unobtainable
