Tangible Evidence Flashcards
What are the exceptions to the best evidence rule?
Unavailable
- Lost or destroyed (unless bad faith)
- Cannot be obtained by judicial process; or
- Party who introduced had control of original and knew that it was going to be at issue.
Public Records: certified copy is ok.
Volumous Writings
Admission by a party.
What is the best evidence rule?
No describing documents instead of showing.
Duplicates ok unless genuine issue about authenticity or in fairness original required.
When contents are in issue.
How can oral statements be authenticated?
Voice identification: bu any person who has heard the voice at any time.
Telephone Conversations: called recognized, speaker knew facts only a particular person would know, caller identified themselves, called a business and person answered questions about regularly conducted activity.
How can real evidence be authenticated?
Persona Knowledge - testimony.
Distinctive Features
Chain of Custody.
How can documentary evidence be authenticated?
Stipulation of Parties
Eyewitness and Distinctive Features
Ancient Documents: 20+ years old, condition unlikely to create suspicion, and found in place where they would be if authentic.
Reply Letter Doctrine: authenticated by showing response.
Handwriting
- Expert or jury comparing to known sample or
- Lay witness with personal knowledge from BEFORE and not for trial.
Self-Authenticating
- Government seal, certified public records, trade inscriptions, notarized, commercial paper.
What is authentication generally?
Must show evidence sufficient to support a finding that the thing is what the party claims.
