D: Tangible Evidence

TANGIBLE EVIDENCE

evidence that is not presented in the form of testimony by a witness

What are the ways in which physical objects can be authenticated?

• testimony from personal knowledge that shows familiarity

• distinctive characteristics

• chain of custody

• test for photograph or X-ray

How can handwriting be authenticated

• opinion by lay person (who didn’t gain familiarity for purpose of the current litigation)

• comparison by expert

• comparison by trier of fact

What documents are SELF-AUTHENTICATING?

• certified documents

• official publications

• newspapers and periodicals

• trade inscriptions

• acknowledged documents

• commercial paper

How can VOICE IDENTIFICATION be authenticated?

by any person who has heard the voice at any time

BEST EVIDENCE RULE

1. The Rule

2. Exceptions

1. IF a party…
   (i) seeks to prove the contents of a writing, recording, or photograph
   (ii) that is related to a controlling issue
   THEN the party must produce the original (or a reliable duplicate).

2. (i) original is lost or destroyed not by the proponent acting in bad faith
   (ii) independent source rule

SUMMARIES OF VOLUMINOUS WRITINGS

IF there are voluminous writings, recordings, or photographs, THEN a party may use as summary, chart, or calculation to prove its contents only if the originals (or reliable duplicates) are made available to the other party for examination and/or copying.

COMPLETENESS RULE

IF one party introduces part of a writing/recording (excluding convos), THEN the other party may immediately introduce other writings/recordings that ought to be in conjunction with it, UNLESS it’s hearsay.