Tangible Evidence

Question 1

Authentication

Answer 1

Must show evidence sufficient to support finding that thing is what party claims it is

Question 2

How to Authenticate Physical Items

Answer 2

(1) Witness recognizes item (testimony)
(2) Distinctive features or markings
(3) Chain of custody

Question 3

How to Authenticate Documentary Evidence

Answer 3

(1) Stipulation by parties
(2) Eyewitness testimony combined with distinctive features
(3) Ancient Documents
(4) Reply Letter Doctrine - authenticated by evidence that it was written in response to another letter
(5) Handwriting verification
(6) Self-authenticating documents

Question 4

Voice Identification

Answer 4

Can be authenticated by any person who has heard the voice at any time

Question 5

Telephone Conversation

Answer 5

(1) Caller recognized speaker’s voice
(2) Speaker knew facts only particular person would know
(3) Caller dialed number believed to be speaker’s and the speaker identified themself upon answering phone
(4) Caller dialed a business and spoke with person who answer questions about business regularly conducted over phone

Question 6

Best Evidence Rule

Answer 6

Actual document must be produced to prove contents of writing when contents are at issue

Question 7

Exceptions to BER

Answer 7

(1) Document Unavailable
(2) Public Records (use certified copy)
(3) Voluminous Writings (use chart or summary)
(4) Admission by Party

Question 8

Parole Evidence Rule

Answer 8

Operates to exclude evidence that, if introduced, would change the terms of a written agreement