Exhibits Flashcards
Methods of authentication under 901(b)
- Testimony of a witness with knowledge
- Nonexpert opinion about handwriting
- Comparison by an expert or jury member
- Distinctive characteristics
- Opinion about a voice
- Evidence of a telephone conversation self-identifying (person or business) related to business reasonably transacted over the phone
7 Evidence about public records - Evidence about ancient documents
- Evidence about process or system
- Methods provided by statute or rule
Rule 901(b) of the Federal Rules of Evidence enumerates an inexhaustive list of examples of the means by which evidence may be authenticated. Rule 901(b)(2) specifically provides that a lay witness may offer an opinion that particular handwriting is genuine based on the witness’s familiarity with the handwriting, but only where that familiarity was not acquired for the current litigation. For example, a lay witness could examine the jeweler’s letter and testify that, based on seeing the jeweler’s signature on her paychecks over the years, she believed the signature to be the jeweler’s. However, the lay witness cannot, in preparation for trial, examine the handwriting and compare it to other examples in order to offer the same conclusion at trial. Only an expert witness may authenticate by that method. See Fed. R. Evid. 901(b)(3).
Rule 902 - Self-authenticating evidence
Some items of evidence require no extrinsic evidence for authentication unless opposing party challenges genuineness:
- Domestic public documents signed/sealed
- Domestic public documents not signed/sealed if bearing signature/seal of officer/employee
- Foreign public documents
- Certified copies of public records
- Official publications
- Newspapers/periodicals
- Trade inscriptions and the like, ordinary course of business
- Acknowledged documents
- Commercial paper
- Presumptions under a federal statute
- Certified domestic records of a regularly conducted activity
- Certified foreign records of a regularly conducted activity
- Certified records generated by an electronic process or system
- Certified data copied from an electronic device, storage medium, or file.
Rule 901(b)(8) Ancient documents
- condition that creates no suspicion
- was in a place where likely authentic (e.g., among George Washington’s things)
- At least 20 years old (30 in CA)
Rule 901(a) Authenticating or identifying evidence, in general
Evidence sufficient to show the item is what the proponent claims it is.
Evidence to show that “It is what he says it is.”
How are emails and other electronic communications, such as blog postings, authenticated?
By traditional authentication methods, such as testimony or other forms of proof to show that the documents are what the proponent claims they are.
What are the requirements for a US government document to be self-authenticating? Likewise, what bout foreign documents and commercial paper?
- US government documents must be sealed OR signed AND certified.
- Foreign government documents and commercial paper, such as a signed promissory note, are self-authenticating.
Is this because US government documents have a greater potential for modification or changes?
What are the requirements for authenticating contents of a recording?
Party must show:
- Recording is a correct rendition of the occurrence
- no changes, additions or deletions were made
- speakers are identified
- no impermissible inducement.
What showings are required as to a recording technology when introducing a recording into evidence?
- Recording device is capable of recording the conversation
- operator was competent to operate the machine
- recording has been preserved in the manner shown to the court (unaltered)
