Lecture 10. Article IX. Authentication and Identification Flashcards
What is Rule 901?
Rule 901 requires the proponent to provide evidence sufficient to support a finding that an item is what it claims to be, before it can be admitted as evidence.
What is the role of a judge in authentication of evidence?
The judge does not accept the evidence on faith but requires sufficient evidence from the proponent to establish the item’s authenticity.
What can the opposing party do once evidence is introduced in court?
The opposing party can impeach or attack the authenticity of the evidence by presenting contrary evidence.
What are “distinctive characteristics” in authentication?
Distinctive characteristics refer to the appearance, contents, or patterns of an item that help identify its origin or authenticity (e.g., distinctive letter content or stone material).
What is required for testimony to authenticate evidence?
A witness with knowledge must testify that an item is what it is claimed to be.
Can a non-expert testify about handwriting?
Yes, a non-expert can testify that a handwriting is genuine if they are familiar with the handwriting, as long as it was not acquired for the current litigation.
When can an expert witness compare evidence?
An expert witness can compare a specimen of evidence with an authenticated exemplar, such as comparing bullets or fingerprints.
What is required for the authentication of public records?
Evidence that the document was recorded or filed in a public office as authorized by law or that the purported public record is from the proper office.
Can a person identify a voice for authentication?
Yes, a person can authenticate a voice by recognizing it through prior experience or under circumstances connecting it to the speaker.
How can a telephone conversation be authenticated?
The conversation can be authenticated by showing that the call was made to the correct number, or if a person answers the phone and identifies themselves.
What are the requirements for authenticating ancient documents?
The document must be over 20 years old, in a condition that raises no suspicion about its authenticity, and in a location where it would likely be found.
What is Rule 902?
Rule 902 lists items of evidence that are self-authenticating and do not require additional evidence to prove their authenticity.
What are domestic public documents that are self-authenticating?
Documents with a seal purporting to be from a U.S. entity and a signature, or documents signed and certified by a public officer.
What qualifies a foreign public document for self-authentication?
A foreign public document signed or attested by an authorized person and accompanied by a certification verifying the authenticity of the signature and official position.
What is required for a certified copy of a public record to be self-authenticating?
The copy must be certified as correct by the custodian of the record or a person authorized to make the certification.
