Writings & Physical Evidence

Question 1

Writings & Physical Evidence: Authentication

Answer 1

Every item of physical evidence must be authenticated (the proponent must show that the evidence is what they claim it is)

Question 2

Writings & Physical Evidence: Proving Authentication

Answer 2

May be proved by any means that serve to establish authenticity (low burden)

E.g. Item may be compared with already-authenticated item

Question 3

Writings & Physical Evidence: Self-Authenticating Evidence

Answer 3

Writings that contain identifying information do not need separate authentication

E.g. Deeds, notarized documents, newspapers

Question 4

Authentication Issues: Ancient Documents

Answer 4

Automatically authenticated if:

• 20 or more years old
• does not present any irregularities on its face
• found in a place of natural custody

Question 5

Authentication Issues: Photos

Answer 5

Must have personal knowledge to authenticate

Question 6

Authentication Issues: Voice

Answer 6

Whether heard firsthand or through a recording, a voice may be identified by anyone who heard the voice at any time (including during the proceedings)

Question 7

Authentication Issues: Non-Unique Items

Answer 7

Item facially indistinguishable from others of its kind (e.g. bag of white powder, generic syringe)

Proponent must establish “chain of custody” (will be admissible absent large breaks in chain)

Question 8

Best Evidence Rule: Definition

Answer 8

If E is offered to prove the contents of a writing, an original document must be used unless it is unavailable
- “writing” = any tangible collection of data (videos, documents, photos, emails, texts, xrays, computer files, etc.)

Question 9

Best Evidence Rule: Applicability

Answer 9

Rule only applies if E is offered to prove its contents

E.g. W’s knowledge is obtained from a writing or case turns on contents of a legal instrument

Question 10

Best Evidence Rule: Evidence Sufficient to Prove a Writing’s Contents

Answer 10

• originals
• duplicates (must be a machine or carbon copy)
• testimony regarding contents

Question 11

Best Evidence Rule: Admissibility of Duplicates

Answer 11

Admissible unless there is a genuine question as to the authenticity of the original itself

Question 12

Best Evidence Rule: Admissibility of Testimony Regarding Contents

Answer 12

Admissible if original is lost or destroyed, unless done so in bad faith by proponent of testimony

Question 13

Best Evidence Rule: Voluminous Documents Exception

Answer 13

A voluminous series of documents may be summarized in court

• Originals relied upon must be available for inspection

Question 14

Best Evidence Rule: Completeness Doctrine

Answer 14

If a party introduces part of a writing or record into evidence, an adverse party may introduce other evidence included in the writing that should be fairly considered with it