Physical & Documentary Evidence Flashcards
authentication of evidence
all evidence MUST be authenticated before being admitted
- Physical Evidence: through W testimony OR by evidence that shows it has been held in a substantially unbroken chain of custody
- Voice Recordings: by anyone who has heard the person speak AND identified the recorded person as the speaker
best evidence rule
the original writing, recording, or photograph is required to prove its content UNLESS
- it’s a reliable duplicate (a photocopy),
- all the originals are lost or destroyed and NOT by the offering party acting in bad faith,
- an original CANNOT be obtained by judicial process,
- it was NOT produced after proper notice was given to the party in control and against whom it would be offered against, OR
- it’s NOT closely related to a controlling issue
