Beruflich Dokumente
Kultur Dokumente
General Considerations:
Witnesses
o Competency. Rule 601.
Whether state law might apply. AKA Dead Mans Statutes.
Whether the witness took the oath. REMINDER this objection can be waived.
o Personal knowledge. Rule 602.
o If they are an expert they have to be specifically qualified.
Documents
o Authentication. Rule 901, 902.
Satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
Rule 104(b) standard: Could a jury reasonably conclude
Ways to authenticate:
Witness with knowledge
Chain of custody
Process
Rule 902: Self authentication
Some documents you dont need a witness to appear in court for.
Examples:
o Newspapers and periodicals
Public records can be certified by as copy certified as correct in accordance with Rule 902
You can admit to authenticity.
o Best Evidence Rule. Rule 1001-1008.
Are the contents of a writing, recording, or photograph in issue and are they being offered into office?
Is an original being offered?
Is a duplicate being offered? It can be offered unless:
A genuine question is raised as to the authenticity of the duplicate.
Under the circumstances it would be unfair to admit the duplicate in lieu of the original.
Exceptions:
Original were lost or destroyed.
Originals not obtainable.
Original in possession of the opponent.
Collateral matters.
There may be an opportunity to summarize.