Writings, Recordings, and Photographs Flashcards
What are the 2 requirements for admitting a reproduction as demonstrative evidence?
A reproduction (eg, photo, movie, diagram, sketch, map) is admissible IF:
- properly authenticated; AND
- its value is not outweighed by the danger of unfair prejudice
*reproductions differ from purely explanatory items, such as maps, charts, or models, which are for the purpose of illuminating testimony and not admitted into evidence
Which 3 types of evidence are commonly used to authenticate documents?
Include:
- ADMISSIONS: the party against whom the writing is offered has admitted to its authenticity or acted upon it as authentic
- EYEWITNESS TESTIMONY: someone saw the document executed or heard it acknowledged
- HANDWRITING verification
Which 2 methods may be used to authenticate handwriting evidence?
- NON-EXPERT witness: offers based on personal knowledge that the handwriting belongs to a particular person
- EXPERT witness or TRIER OF FACT: determines the genuine of a writing by comparing it with another specimen confirmed to be genuine
*a non-expert may not becomes familiar with HANDWRITING for the sole purpose of testifying to its authenticity, although the witness may do so for authenticating ORAL statements
What are the three requirements for authenticating an ancient document PRIOR to admitting it under the hearsay exception?
FRE 901(b)(8) requires authentication of the ancient document BEFORE it may be examined for substance admissibility under the hearsay exception.
An ancient document is authenticated upon a showing that it is:
- free from suspicion regarding its authenticity
- found in a location where it would likely be if authentic AND
- at least 20 years old
*these are the requirements for authentication; the requirement that the document be prepared prior to Jan 1, 1998 still applies to the ancient document HEARSAY exception (eg, a document written in 2000, although more than 20 years old, was prepared after Jan 1, 1998, and would therefore be inadmissible under the hearsay exception)
What is the “reply letter doctrine” in evidence law?
Allows a writing to be authenticated by showing that it was written in response to a letter mailed to the alleged author (eg, the identity of a witness-author may be shown when witness-author received a letter from another person in response to an original letter by witness-author)
*the contents of the writing must show that it was unlikely that anyone other than the alleged author wrote it
What is the “best evidence rule”?
When a party wants to prove the material terms of a writing (eg, recording, photo, x-ray) the “best evidence rule” requires the OG writing to be produced
*the best evidence rule is also known as the “original document rule”
What are the 4 exceptions to the best evidence rule?
The original writing does not need to be produced when:
- the facts to be proved exist independently of the writing (eg, a witness has independent knowledge something that was memorialized in writing)
- the writing is only of minor or collateral importance
- the wiring contains voluminous records that can be summarized; OR
- the writing is in the form of a certified public record
When is secondary evidence of a writing admissible under the best evidence rule?
If the OG writing is unavailable for a reason other than the proponent’s serious misconduct, secondary evidence may be used (eg, oral testimony regarding the writing’s contents, non-exact written copies, etc.)
*valid reasons for allowing secondary evidence include the destruction of the OG in good faith, the OG is outside the jurisdiction and inaccessible, or the opposing party failed to produce it
What does the “parole evidence rule” stand for?I
States that when parties to a contract have agreed that a specific writing is the final embodiment of the terms of their K (ie, it is fully integrated), other evidence is inadmissible if it would add, alter, or contradict the terms of that writing
*this rule and its exceptions generally arise in contract law questions, although it is evidentiary in nature
What is a “self-authenticating” document?
A doc is self-authenticating if no evidence is necessary to prove its authenticity (ie, no testimonial sponsor or other extrinsic evidence is required to establish it is the thing it purports to be
*examples of self-authenticating documents include certified public records, official publications, newspapers, commercial papers, and certified business records
When is a “duplicate” admissible under the best evidence rule?
May be used as the “original” writing, in the form of a machine or carbon copy, IF the authenticity of the original writing is not in question or the circumstances do not render use of a duplicate unfair
What is the “voluminous document exception” to the best evidence rule?
permits the use of a summary, chart, or calculation of voluminous documents as long as the originals are available for inspection and copying
What is the “completeness doctrine”?
When a party introduces all or part of a writing or recorded statement into evidence, an adverse party may introduce evidence of any other remaining part or any related writing to recorded statement that due to fairness should be considered contemporaneously with the evidence originally introduced
