Documentary Evidence

Question 1

All documentary evidence must be ______________.

Answer 1

authenticated

Question 2

Who can testify as to the genuineness of a handwriting sample?

Answer 2

either a lay person with personal knowledge of the defendant’s handwriting or the opinion of an expert witness who has compared the samples of the maker’s handwriting.

Question 3

Can the jury make determinations as to the genuineness of a handwriting sample?

Answer 3

Yes

Question 4

Ancient Document

Answer 4

a document which is 1) at least 20 years old; 2) in such a condition as to be free from suspicion as to authenticity; and 3) in a place where such a writing would likely be kept.

Question 5

What is the Reply Letter Doctrine?

Answer 5

A writing may be authenticated by evidence that it was written in response to a communication sent to the claimed author.

Question 6

How is an X-ray authenticated?

Answer 6

It must be shown that the process used in making the x-ray was accurate, that the machine was in working order, and the operator was qualified to operate it.

Question 7

Extrinsic evidence is not necessary to authenticate what kind of documents?

Answer 7

Self-authenticating documents.

Question 8

Best Evidence Rule

Answer 8

to prove the terms of a writing, the original writing must be produced if the terms of the writing are material.

Question 9

Does the best evidence rule apply to x-rays, photos, recordings, etc?

Answer 9

Yes

Question 10

When is secondary evidence of a writing admissible under the best evidence rule?

Answer 10

When the original is not available.

Question 11

To what kinds of documents does the best evidence rule apply?

Answer 11

to 1) documents which are legally operative or dispositive (like contracts); and 2) documents form which the witness received their information.

Question 12

To what kinds of writings does the best evidence rule not apply?

Answer 12

To facts which can be proved independent of a writing; writings which are collateral to a litigated issue; summaries of voluminous records; and public records.

Question 13

Original Writing

Answer 13

the original writing or a copy of it that is intended by the executor of the document to have the same effect as the original.

Question 14

Duplicated Writing

Answer 14

an exact copy of an original document, such as a photocopy.

Question 15

Photocopies are _______________.

Answer 15

duplicates

Question 16

When are handwritten copies of documents admissible under the best evidence rule?

Answer 16

only when the original or a duplicate is unavailable.

Question 17

When is a document considered unavailable?

Answer 17

When it is 1) lost or destroyed; 2) outside the jurisdiction and unobtainable; or 3) is in the possession of an adversary who fails to produce the original after due notice.

Question 18

How can a document be authenticated without any extrinsic evidence being introduced?

Answer 18

The party against whom the document is introduced admits that the document is genuine.