CJL 1130 Test 9 (ch.8)

The general rule of authentication is under ________ and is proof that real evidence is what the offering party claims it to be

F.R.E. 901 (a)

Rule 901 (a) is

• The burden of authentication is on party offering evidence

•No specific evidence required

•Any evidence that proves identity of real evidence is

sufficient

Rule 901(b) are _____ of authentication and contains examples of ___ and contains __ examples

Examples

Methods to authenticate real evidence

10

The methods of Rule 901 (b) are not exhaustive and

Any evidence which provides authenticity can be admitted

Rule 901(b) (1) is the ___ and has _ stages

Firsthand knowledge

2

Rule 901 (b) 1

–Establish competence of witness by proving firsthand knowledge of evidence

–Testimony of witness identifying evidence

Rule 902(b) (2) is

Nonexpert authentication of handwriting

Rule 902 (2)

•Allows authentication of handwriting based on personal knowledge

•Witness must be competent based on familiarity with handwriting

•Once competence is established, witness can testify about identify of handwriting

Rule 902(b) (3):

Handwriting comparison by expert witness or trier of fact

Rule 902 (3) are

•Handwriting can also be authenticated by comparison to proven sample

•Authenticity of sample must be established first

•Expert witness can be called to compare sample with evidence

•The jury is also permitted to make thecomparison

Rule 901(b) (4):

Distinctive characteristics

Rule 901 b (4) are

•Real evidence may have unique or distinctive markings or other characteristics

•Such characteristics must be considered “with all of the circumstances.”

Distinctive characteristics examples are:

–Handwriting habits

–Engraved initials or ownership mark

–Letterhead, logos, or other identifying graphics

Rule 901(b)(5):

Authentication of voice recording

Rule 901 (b) 5 is a

Voice recording can be authenticated based on familiarity with voice

Rule 901 (b) 5 authentication of voice recording has ___ stages

Two:

–Establish competence of witness by proving familiarity with voice

–Testimony of witness identifying voice on the recording

Rule 901(b)(6):

Authentication of telephone conversation

Rule 901(b)(6): authentication of telephone conversation has __ stages

Two:

–Prove that the phone number called was correct

–Circumstances supporting identification of person called

▪Familiarity with person’s voice

▪Content of conversation

901(b)(7):

Public records

–Based on where document is kept (public office)

901(b) (8):

Ancient documents

–Proof that document is 20 or more years old

901(b)(9):

Proof of process or system

–Proof of process or system used to create evidence

–Applies to computer printouts and electronic documents

901(b)(10):

Authentication by statute or rule

Rule 902:

Self-authentication

Rule 902: Self-Authentication

Document that do not require other evidence for authentication

Self authentication Rule 902 examples:

–Certain public documents

–Newspapers and periodicals

–Certain commercial documents

Rule 902 states

Proof of nature of document is proof of authenticity

The Best Evidence Rule is

•Designed to ensure that the most reliable version of real evidence is offered

•Applies to originals and duplicates of writings, recordings, and photographs

The Best Evidence Rule has __ definitions

5

The five definitions for the Best Evidence Rule are:

1. “Writings”

2. “Recordings”

3. Photographs”

4. Original

5. Duplicate

The Best Evidence Rule writing definition is

Letters, words, numbers or equivalent

The Best Evidence Rule recording definition is

Aural rendition of words, letters or numbers

The Best Evidence Rule photographs definition is

All photographic images or equivalent, stored in any form

The Best Evidence Rule original definition

▪Actual writing or recording being offered as evidence

▪Includes “counterparts” – copies intended to function as originals

–Real estate documents

–Photographs developed from single negative

The Best Evidence Rule duplicate definition

▪Copy that accurately reproduces the original

▪Any version of a writing, recording or photograph that is not an “original”

Best evidence rule – F.R.E. 1002

A original writing, recording, or photograph is required in order to prove its contents unless these rules or a federal statute provides otherwise

The Best Evidence Rule Exception – F.R.E. 1003

–Duplicate may be used unless

▪Genuine question is raised as to authenticity of original, or

▪Admission of duplicate would be unfair under the circumstances

The Best Evidence Rule Unavailability of original – Rule 1004

Where the original is unavailable, other evidence can be used to prove its contents

The Best Evidence Rule the unavailabillity of originial examples:

–Original lost or destroyed

▪Does not apply where loss or destruction in “bad faith”

–Original not obtainable

▪Document cannot be retrieved from person in possession

–Original in possession of opponent

▪Need to subpoena document from opponent

▪If not produced, then other evidence may be admitted