Writings & Physical Evidence Flashcards
authentication
every item of physical evidence must be authenticated
- proving authenticiation is low burden
self-authenticating evidence
writings that contain identifying information do not need separate authentication
EX:
- deeds
- notarized documents
- newspapers
Authentication issues
Ancient documents
photos
voice
non-unique items
ancient documents
automatically authenticated if:
1. 20+ years old
2. does NOT present any irregularites on its face
3. found in a place of natural custody
photo
must have personal knowledge to authenticate
- does fact testified to = fact perceived?
voice
whether heard firsthand or through a recording, a voice may be identified by anyone who heard the voice at any time
non-unique items
items facially indistinguishable from others of its kind
proponent must establish chain of custody
- admissible unless large break in chain
eg, bag of white powder, generic syringe, etc
best evidence rule
if evidence is offered to** prove the contents of a writing, **an original document must be used unless it’s unavailable
Exception: voluminous documents
writing
any tangible collection of data
EX:
- documents
- videos
- photos
- books
- emails
- text messages
- computer drives
- x-rays
Evidence sufficient to prove a writing’s contents
- Originals
- **Duplicates **(machine or carbon copy) unless authenticity of OG in question
- testimony regarding contents if original is lost or destroyed unelss done so in bad faith
voluminous documents exception
a voluminous series of documents may be** summarized in court**
BUT, OGs 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 more evidence that should be fairly considered with it
- adverse party can prevent material additions from being cut off
