DOCUMENTARY EVIDENCE (WRITINGS)

Question 1

GENERAL

Answer 1

MUST BE RELEVANT

may be excluded if it violates a rule of competency such as best evidence or hearsay rule

Question 2

AUTHENTICATION

Answer 2

MUST BE AUTHENTICATED BY PROOF SHOWING THAT THE WRITING IS WHAT THE PROPONENT CLAIMS
- proof sufficient to support a jury finding
may be authenticated by evidence that the party AGAINST whom the writing is offered has either admitted or acted upon the writing as authentic
- someone who sees the writing executed or hears it acknowledged
-handwriting:
1. lay person with knowledge of the hand writing may state an opinion as to whether the document is in that person’s handwriting
2. expert witness or the jury can determine the genuineness of a writing by comparing the questioned writing to another proved to be genuine

Question 3

ANCIENT DOCUMENTS

Answer 3

at least 20 years old
condition that is free from suspicion concerning authenticity
found in a place where the writing would likely be kept, if authentic

Question 4

REPLY LETTER DOCTRINE

Answer 4

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

Question 5

PHOTOGRAPHS

Answer 5

only admissible if identified by a witness as a portrayal of certain facts relevant to the issue and verified by the witness as a correct representation of those facts
- if a photo taken by a camera with no witness- may only be admitted after showing that the camera was properly operating at the relevant time and that the photograph as developed from film obtained from that camera
X-ray: accurate process used, machine in working order, qualified operator and custodial chain established

Question 6

AUTHENTICATION OF ORAL STATEMENTS

Answer 6

only needed when the identity of the speaker is important
1. voice ID: opinion of anyone who has heard the voice at any time
2. telephone convo: authenticated by someone who testifies to one:
- recognized other parties voice
knowledge of certain facts that only a particular person would have
- someone answers with their name and the person testifies to that

Question 7

SELF-AUTHENTICATING DOCUMENTS

Answer 7

domestic public documents
foreign public documents
certified copies of public records
official publications
newspapers or periodicals
trade inscriptions
documents accompanied by a certificate of acknowledgement
commercial paper
business records generated by an electronic process and data copies from an electronic device

Question 8

BEST EVIDENCE RULE

Answer 8

Applies where the writing is a legally operative or dispositive instrument or where the knowledge of a witness concerning a fact results from having read it in the document
- may offer copy of public records