Evidence - Authentication of Writings/Best Evidence Rule Flashcards
Methods of Authentication
(1) Witness with Personal Knowledge
(2) Proof Of Handwriting
* Lay Person Opinion
* Expert Comparison
* Jury Comparison
(3) Proof by Circumstantial evidence: Party may rely on circumstantial evidence, such as appearance, contents, distinctive characteristics
(4) Ancient Document Rule
(a) at least 20 years old
(b) facially free of suspicion
(c) found in a place of natural custody
(5) Solicited Reply Doctrine - Received in response to prior communication to the alleged author.
Conditional Relevancy (R Juror) standard applies to determining genuineness
Self Authenticating Documents
Presumed authentic - no need for foundation testimony:
(a) Official publication by Gov’t
(b) Certified copies of public or private record on file in public office
(c) Newspapers or periodicals
(d) Trade inscriptions and labels
(e) Acknowledged Document –> Notary
(f) Commercial Paper
Best Evidence Rule - Definition
A party who seeks to prove the contents of a writing must either:
(a) Produce the original writing, or
(b) Provide an acceptable excuse for its absence - If accepted, party may use secondary evidence including oral evidence.
When does Best Evidence Rule apply?
When a party is seeking to prove the contents of a writing, primarily:
(1) When the writing is a legally operative document in the case
(2) Witness is testifying to facts that she learned solely from reading about them in writing.
Excuses for non-production of original
(1) Lost or cannot be found with due diligence
(2) Destroyed without bad faith
(3) Cannot be obtained with legal process
preponderance of the evidence standard applies
Escapes from Requirement of Best Evidence Rule
(1) Voluminous Records —> Can be presented through a summary or chart if original records are admissible and are available for inspection
(2) Certified Copies of Public Records
(3) Collateral documents [in court discretion to find that writing is unimportant to the issues in the case]
