III. Authentication of Evidence

Question 1

Considerations

Answer 1

• Always start by deterimining the RELEVANCE of the evidence; what it is offered to prove;
  
  • if that relevance requirest that the thing or writing or recording be what the party claims it is, THEN IT MUST BE AUTHENTICATED
• Party offering evidence has purden of privindg evidence to autheticate
• Judge admits evidence if there is sufficient foudnation that a resonable jury could conclude the item is WHAT THE PARTY CLAIMS IT IS
  
  • gatekeeper

Question 2

Kinds of evidence for purposes of authentication

Answer 2

1. Real Evidence
2. Private Writings/Docs
3. Public Docs
4. Photos/Videos

Question 3

Real Evidence

Answer 3

• Things–>relevance lies in being what the party claims it is
• Two types:
• 1) DISTINCT, recogniable and
  
  • authenticated by a witnes with personal knowlege who testifies that he or she reocgnizes the item
• 2) INDISTINCT, fungible
  
  • prove the chain of custody (tracks identity and integrity)–does not need to be perfect–reasonable juror standard

Question 4

Private Writings/Documents

Answer 4

NOTE: whenever doc appears on exame, be alert to 3 issues in addition to relevance: authentication, best evidence & hearsay

usually a signature, salutation or letther head is insufficient to prove identity

Authentication ultimately to be tried by Jury

Question 5

Methods for Authenticating Private Writings/Documents

Answer 5

Methods for Authetnication

1. ADMISSION–> party admits they wrote or signed doc
2. WITNESS–testifies she saw doc written or signed
3. PROOF OF HANDWRITING OR SIGNATURE
   
   • Witness familiare w/ author’s handwriting or signature
   • Handwriting expert (comparison b/w doc and genuine sample (exemplar) of author’s handwriting)
   • Supply Jury with examplars
4. CIRCUMSTANTIAL EVIDENCE
   
   • Content: doc has facts only author and few others would know
   • Conduct: conduct corroborates that doc writtne by him (said he’d meet in email; showed up there)

(REPLY LETTER DOCTRINE–evidence that it was recieved in response to prior communication to author)

Question 6

Self-Authenticating Private Docs

Answer 6

Assumed authentic so no need to provide foundation

• newspaper or periodicals
• trade inscirptions & lables
• acknowledged (notarized docs)
• commercial paper

Question 7

Authenticating Medical Bilsl

Answer 7

all that is needed is statement by patient or caregiver saying bills were received and relate to P injuries

Question 8

Public Docs

Answer 8

• Prove that they are TURE COPIES of the official documents issued and/or kept by the agency
• Often done with official seal–once certified, is self authenticating
• GA do not require seal–written certification enough
• federal–seal requried

Question 9

Photos, Videos & Other Recordings

Answer 9

• witness with PERSONAL KNOWLEDGE testifies that the material is a FAIR & ACCURATE REPRESENTATION of the matters portrayed