Writings & Physical Evidence

Question 1

Authentication/Photographs

Answer 1

To authenticate photographs, the witness must verify it as an accurate representation of what he observed. The actual photographer does not have to authenticate the photograph.

Question 2

Authentication/Voice

Answer 2

To authenticate a person’s voice, the witness must have heard the person’s voice at any time. Personal experience is required.

Question 3

Best Evidence Rule

Answer 3

The best evidence rule is applicable to prove the contents of a writing.

Question 4

Best Evidence Rule/Contents

Answer 4

The best evidence rule is applicable to prove the contents of a writing.

Question 5

Best Evidence Rule/Originals

Answer 5

The best evidence rule prefers originals.

Question 6

Best Evidence Rule/Most Often (3)

Answer 6

It most often applies to legal operative instruments, such as deeds, wills, and contracts.

Question 7

Best Evidence Rule/Secondary Evidence

Answer 7

Secondary evidence may be introduced, but it must be shown that the original was destroyed or is lost and cannot be found despite a diligent search.

Question 8

Completeness Doctrine

Answer 8

When part of a writing or recorded statement is introduced, an adverse party may compel introduction of other evidence for fairness and/or clarification.