WRITING AND PHYSICAL EVIDENCE

Question 1

WRITINGS & PHYSICAL EVIDENCE

Answer 1

1) Authentication

2) Best Evidence Rule

Question 2

Authentication

Answer 2

Every piece of PHYSICAL evidence must be authenticated, i.e., the proponent must show that the evidence is what he claims it is. Authentication may be proved by any means, this is a low burden, authentication must only be sufficient to sustain the findings.

Writings that contain identifying information are self-authenticating evidence, they do not need separate authentication. Examples include: (1) deeds, (2) notarized documents, and (3) newspapers.

Authentications Issues:

(1) Ancient documents are automatically authenticated if:
a) 20 or more years old
b) Does not present any irregularities on its fact
c) Found in a place of natural custody

(2) Photos must be authenticate by personal knowledge. Does the fact testified to equal the fact perceived?
(2) Non-unique items, items facially indistinguishable from others of its kind (e.g. bag of white powder, generic syringe), must be authenticated through a “chain of custody.” The proponent must establish that the proffered evidence is the same item it is claimed to be (will be admissible absent large breaks in chain)

Question 3

Best Evidence Rule

Answer 3

If evidence is offered to prove the CONTENTS of WRITING, an original document must be used unless it is unavailable. A “writing” is any tangible collection of data (e.g. videos, documents, photos, books, computer drives, x-rays). Contents relates to a witness’s knowledge obtained from a writing.

Evidence sufficient to prove a writing’s contents includes:

(1) Originals
(2) Duplicates: Are admissible unless there is a genuine question as the authenticity of the original itself. Must be from machine or carbon copy
(3) Testimony regarding contents: Is admissible if the original is lost or destroyed, unless done so in bad faith by the proponent of the testimony.

Voluminous Doctrine Exception: A voluminous series of documents may be summarized in court. The originals relied upon must be available for inspection.

Completeness Doctrine: If a party introduces PART of a writing or record into evidence, an adverse party may introduce evidence that should be fairly considered with it at that time. Often applies where parts of introduced evidence are omitted.