05 Authentication, Writings, and Real Evidence

A writing must be authenticated by proof sufficient to support a […] that the writing is genuine.

jury finding

A writing can be authenticated by a lay witness with familiarity of the handwriting, as long as that familiarity was not acquired for the purposes of […].

litigation

To authenticate a document as an ancient document, it must be at least [..1..] years old, be in a condition that creates no [..2..], and have been found in an expected place.

20, suspicion

The […] doctrine allows a writing to be authenticated by evidence that it was written in response to a communication sent to the alleged author.

reply letter

A photograph is typically authenticated by a witness testifying that it is a [..1..] and [..2..] representation of the facts.

fair, accurate

T/F: The photographer who took a picture must be called to authenticate it.

F

To authenticate an X-ray, the proponent must show the process is accurate, the machine worked, the operator was qualified, and a […] was established.

chain of custody

Unlike handwriting authentication, a voice can be identified by the opinion of anyone who has heard it, even if familiarity was acquired solely for […].

litigation

A telephone conversation may be authenticated by showing the speaker had knowledge of facts that only a […] would have.

particular person

A phone call to a business is authenticated if the conversation was with a person answering the phone about matters relevant to the […].

business

T/F: A notarized document requires extrinsic evidence of authenticity to be admitted.

F

Documents that do not require extrinsic evidence of authenticity include newspapers, trade inscriptions, and […].

official publications

The Best Evidence Rule requires production of the original writing to prove its contents when the writing is a legally [..1..] instrument or a witness's knowledge comes [..2..] from it.

operative, solely

The Best Evidence Rule does not apply when a witness has […] of the facts, even if those facts are also recorded in a writing.

personal knowledge

A […] is an exact copy of an original made by mechanical means, such as a photocopy.

duplicate

A duplicate is admissible to the same extent as an original unless the circumstances make it [..1..] or a genuine question is raised about the original's [..2..].

unfair, authenticity

Secondary evidence of a writing's contents is admissible if the original was lost or destroyed, unless the proponent did so in […].

bad faith

T/F: Under the Federal Rules, if an original document is unavailable, a certified copy is legally preferred over oral testimony about its contents.

F

The Best Evidence Rule does not apply if the writing is of minor importance, meaning it is […] to the litigated issue.

collateral

A summary of voluminous records is admissible if the originals or duplicates are made […] for inspection by the opposing party.

available

Under the Best Evidence Rule, the […] determines preliminary facts such as whether the original ever existed or whether evidence correctly reflects its contents.

jury

Under the Best Evidence Rule, the […] decides questions of admissibility, such as whether a valid excuse exists for the non-production of an original.

court

Real evidence can be authenticated by testimony of recognition or by showing a substantially unbroken […].

chain of possession

If the condition of an object is significant, it must be shown to be in […] the same condition at trial.

substantially

For a courtroom experiment to be admissible, it must be performed under conditions that are […] to those of the original event.

substantially similar