TANGIBLE EVIDENCE Flashcards
Original Documents Rule
The original document rule requires the production of a recording when its contents are at issue.
Authentication of medical images Rule
X-ray images, electrocardiograms, and similar items are physical representations of things that cannot otherwise be seen (i.e., the inner workings and functionality of a human body), and, as such, unlike other reproductions, they cannot simply be authenticated by the testimony of a witness claiming that they are accurate reproductions of the facts.
To authenticate such an item, it must be shown that an accurate process was used, that the machine used was working properly, and that the operator of the machine was qualified to operate it. The chain of custody must also be established.
Authentication of a photo through personal knowledge rule
All tangible evidence must be authenticated. To authenticate an item, the proponent must produce sufficient evidence to support a finding that the thing is what its proponent claims it is.
When reproductions (e.g., photographs, diagrams, maps, movies) are introduced into evidence, they may be authenticated by the testimony of a witness with personal knowledge that the object accurately depicts what its proponent claims it does.
Best Evidence Basic Rule
Under the best evidence rule, the original document or a reliable duplicate must be used to prove the contents of a writing unless its absence is satisfactorily explained.
Remember that a piece of evidence that is admissible under one rule (such as a hearsay exception) may still be inadmissible for another reason.
Best Evidence Rule elements
Pursuant to FRE 1002, to prove the contents of a writing, the original writing is generally required. The original is not required, and other evidence of the contents of a writing is admissible if: (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; (2) no original can be obtained by any available judicial process or procedure; (3) the original is in the possession of a party opponent; or (4) the writing is not closely related to a controlling issue.
Best Evidence Rule Three dimensional model
The best evidence rule (also known as the original document rule) requires that the original document (or a reliable duplicate) be produced in order to prove the contents of a writing, recording, or photograph, including electronic documents, x-rays, and videos.
A “writing” is defined as “letters, words, numbers, or their equivalent set down in any form.” A “recording” and “photograph” are similarly broadly defined.
However, even under a broad interpretation of these terms, real physical evidence, such as a three-dimensional model, is not subject to the best evidence rule
there is no requirement for advance notice in this situation, even if the best evidence rule were applicable
RULE for when there are two signed originals.
A written contract, as a document with legal effect, is subject to the best evidence rule. Under this rule, the original must be introduced to prove the terms of the contract unless the unavailability of the original is appropriately explained. Because there were two signed originals, both must be unavailable before the terms of the contract can be proved by other evidence.
Best Evidence RULE when the witness does not have personal knowledge
The original document rule, which compels the production of the best evidence where the contents of a writing are at issue, requires that the photographs be produced to prove that the defendant was the assailant, or that their unavailability be explained
Rule for Jury determination in regards to the Best Evidence Rule
Generally, the trial judge decides preliminary questions as to the admissibility of evidence, while the jury determines the weight and credibility of the evidence, once admitted.
With respect to the best evidence rule (which applies when the contents of a video recording are offered to prove the events captured in the recording), the jury determines whether the alleged recording ever existed and, if so, whether other evidence as to the content of that recording reflects that content
Rule of Self-Authenticating
The court will consider a number of items of evidence to be self-authenticating, meaning that they do not require extrinsic evidence of authenticity in order to be admitted.
These include certified copies of public records, trade inscriptions (e.g., labels affixed in the course of business that indicate ownership), and business records.
Generally, the proponent of a self-authenticating document is not required to give an adverse party advance notice of the intent to introduce the document.
The proponent of a business record must, however, give an adverse party reasonable written notice prior to the trial or hearing of the intent to offer the record and must make the record available for inspection so that the party has a fair opportunity to challenge it.
