Writings and Other Physical Evidence Flashcards
Authentication
Every non-testimonial evidence (writing, photos, guns, x-rays) msut be authenticated.
proving it is what proponent of that evidence claims it to be.
Method of Authenticating: Signatures
Admission, Eyewitness Testimony, Expert/Lay Opinion, Circumstantial Evidence, Genuine Exemplar
Ancient Document Rule
Document is 20+ years old, is facially valid and found in a place of natural custody.
Self Authenticating Writings
Certified copies of public documents (deed), acknowledged documents (notary witnesses) official publications (government pamphlets), newspapers, business records, trade inscriptions(tag/label).
Oregon Specific: Documents containing data recorded by OSP and procured by data received from a computer system maintain by OSP
Non-Unique Items
Must establish chain of custody; small break is OK, large break is not
Best Evidence Rule
Applies only where evidence offered to prove content of a writing.
Writing includes: documents, videos, photos, x-rays, auto recordings, computer disks, OR ANY TANGIBLE COLLECTION OF DATA.
Assuming Best Evidence Applies, Why Type of Evidence Is Admissible to Prove Contents
Originals - computer prints AND in cases of public documents, certified copies.
Duplicates: a copy of original produced by same impression that produced original
Exceptions to using Duplicates
Attacking credibility of original document
Testimony of contents of writing may be admissible where original is lost or destroyed (UNLESS BY BAD FAITH BY PROPONENT OF TESTIMONY)