writings and other physical evidence

Question 1

authentication

Answer 1

all non-testimonial evidence (writings, photos guns) must be authenticated

this means proving it is what the propoent of the evidnece claims it to be

BOP - sufficient to sustain findings

Question 2

ancient document rule

Answer 2

established if

1. doc is > 20 yeras old
2. does not face present irreularities (e.g. erasures)
3. was found in place of natural custody

Question 3

slef authenticated

Answer 3

certified copies of public documents, acknowledged documents, newspapers, periodicals, biz records adn trade inscriptions

Question 4

authentication of non unique docs

Answer 4

to authetnticate proponent must lay chain of custody demonstrating that this is the specific item propoent cliams it to be

Question 5

best evi rule

Answer 5

applies only where vi offered to prove contents of writing.

writings = docs, videos, photos, x-rays, audio recordings or any tangible colection of data.

Requires originals but with many exceptions

basically if someone knows facts independently can testify to that. but if you only know the facts becuase of a document, then you hvae to show the document. imagine date of death (no best evi ruleobjctions) vs. breach of K (BER)

Question 6

voluminous documents exception

Answer 6

can be summarized if originals available for inspections

Question 7

BER applies - waht then?

Answer 7

use originals or duplicates (must be a carbon copy, photocopier or picture)