Foundation and Authentication

Question 1

901

Answer 1

“Authenticating or Identifying Evidence
(a) the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Examples:
(1) Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
(2) Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
(3) Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.
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Question 2

902

Answer 2

“Self-Authenticating
The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
(1) Domestic Public Documents That Are Sealed and Signed.
(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified.
(3) Foreign Public Documents. Court may: (A) order that it be treated as presumptively authentic without final certification; or
(B) allow it to be evidenced by an attested summary with or without final certification.
(4) Certified Copies of Public Records.
(5) Official Publications.
(6) Newspapers and Periodicals.
(7) Trade Inscriptions and the Like.
(8) Acknowledged Documents.
(9) Commercial Paper and Related Documents.
(10) Presumptions Under a Federal Statute.
(11) Certified Domestic Records of a Regularly Conducted Activity.
(12) Certified Foreign Records of a Regularly Conducted Activity.
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Question 3

104

Answer 3

“Preliminary questions (104)

(a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. Here, Court ONLY bound by privilege rule no others.
(b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
(c) Conducting a Hearing So That the Jury Cannot Hear It if:
1. the hearing involves the admissibility of a confession;
2. a defendant in a criminal case is a witness and so requests; or
3. justice so requires.
(d) Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.
(e) Evidence Relevant to Weight and Credibility. This rule does not limit “