IV: Tangible Evidence

Question 1

Authentication

Answer 1

All tangible evidence must be authenticated w/ sufficient evidence to support a finding that the thing is what it claims to be.

Question 2

Authentication of physical objects

Answer 2

G/R authenticated through personal knowledge, distinctive characteristics, or chain of custody.

Reproductions are authenticated by testimony of witness w/ personal knowledge that object accurately depicts what it’s proponent claims it does

X-rays, EKGs, process used was accurate, machine works, eyewitness testimony or handwriting verification.

Question 3

Authentication of Documentary Evidence

Answer 3

Usually documented by stipulation, eyewitness testimony or handwriting verification.

Ancient documents-at least 20 years old, in condition unlikely to create suspicion, and found in a likely place if it were authentic

Public records: recorded/filed in public office

Reply letter: written response to communication

Handwriting verification: comparison or non-expert w/ personal knowledge

Self-authenticating: doesn’t require extrinsic evidence. Business records must be authenticated by custodian of the records.

In NC: business records must be authenticated by a witness familiar w/ the records and the system that created the record. Need not have created the record herself.

Question 4

Authentication of oral statements

Answer 4

Voice ID: can be identified by an person who has heard the voice at any time.

Telephone: party to telephone conversation may authenticate if
caller recognized the speakers voice;

speaker knew facts that only that particular person would know;

caller dialed # believed to be speakers and speaker identified herself;

or caller dialed a business and spoke about business regularly conducted.

Question 5

Best Evidence Rule

Answer 5

Original document or reliable duplicate must be produced to prove contents of writing when contents are at issue or witness is relying on contents when testifying.

Duplicate reliable unless genuine question as to the authenticity of the original; or circumstances make it unfair to admit the duplicate. H/W copies of original are not duplicates.

Original not required when original lost or destroyed in GF, party against whom original would be offered failed to produce it, or document note closely related to a controlling issue.

Contents of public record are generally proved by a certified copy.

May prove contents of original by admission by party against whom it is offered w/out accounting for the original

Question 6

Voluminous documents

Answer 6

Voluminous documents: contents of voluminous documents may be presented as a summary if they can’t be easily examined by the court; propoent msut make originals or duplicates available for examination adn copying by other parties at a reasonable time and place; court may order proponent to produce the originals or duplicates in court

Question 7

Parol evidence rule

Answer 7

Operates to exclude evidence that if introduced would change the terms of a written agreement.

Complete integration: contains all terms which parties agree; PER in effect and no extrinsic evidence admissible.

Partial integration: contains some, but not all of the terms. Extrinsic evidence that adds to writing is admissible. Evidence that contradicts is not admissible.

Exceptions: extrinsic evidence always admissible to clarify ambiguity, prove course of dealings, show fraud/duress/mistake, or show presence/absence of consideration.

Only evidence of prior or contemporaneous negotiations is subject to the rule; negotiations after K executed are not prohibited.