Tangible Evidence Flashcards
What is the first step that you must do to bring in tangible evidence
All evidence must be authenticated with sufficient evidence to support a finding that proponent is what it claims to be
How to authenticate real evidence?
personal knowledge, distinctive features, or chain of custoday
How to authenticate document evidence?
testimony of parties, or distinctive feature
How to authenticate ancient documents?
at least twenty years old
in condition unlikely to create suspicion; and
was found in a place where such documents would be if they were authenticated
How to authenticate public records?
recorded/filed in public office
How to authenticate oral statements?
Voice Id: Id by any person who heard the voice
Telephone: party to telephone conversation may authenticate statements made during that conversation if caller recognized that the speakers voice
What are types of self-authenticating documents?
public documents bearing a government seal
certified copies of public records
official publication issued by public authority
trade inscriptions
notarized documents
commercial paper
What is the best evidence rule
must produce original document instead of showing it when contents are at issue or witness is relying on content when testifying
What are exceptions to the best evidence rule?
original is destroyed or lost in good faith
the original cant be obtained through judicial process
park against whom the document is introduced failed to produce original and knew it was going to be issue at trial
Can you use public records for best evidence rule?
Yes, need certified copy
When can you use a duplicate for BER?
duplicate is admissible to the same extent as the original unless
a genuine questions is raised about the original authetnicatiy or
circumstances make it unfair to admit duplicate.
When can testimony be admitted even if BER precludes it?
a witness with person knowledge may testify about the occurrence of an event event though a document is excluded under BER?
