Writings and Other Physical Evidence

Question 1

Authentication

Answer 1

Every non-testimonial evidence (writing, photos, guns, x-rays) msut be authenticated.

proving it is what proponent of that evidence claims it to be.

Question 2

Method of Authenticating: Signatures

Answer 2

Admission, Eyewitness Testimony, Expert/Lay Opinion, Circumstantial Evidence, Genuine Exemplar

Question 3

Ancient Document Rule

Answer 3

Document is 20+ years old, is facially valid and found in a place of natural custody.

Question 4

Self Authenticating Writings

Answer 4

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

Question 5

Non-Unique Items

Answer 5

Must establish chain of custody; small break is OK, large break is not

Question 6

Best Evidence Rule

Answer 6

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.

Question 7

Assuming Best Evidence Applies, Why Type of Evidence Is Admissible to Prove Contents

Answer 7

Originals - computer prints AND in cases of public documents, certified copies.

Duplicates: a copy of original produced by same impression that produced original

Question 8

Exceptions to using Duplicates

Answer 8

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)