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Unformatted text preview: ion is never a question for the court, it's always a question for the jury...so on the issue of admitting the evidence, the judge only decides whether the proponent has offered something that a jury could find by the preponderance to be genuine! Any plausible presentation that the thing is genuine, even if powerfully attacked by the other side, still gets to the jury! Conflicting evidence on genuineness, goes to weight, not admissibility, so long as some reasonable person could believe that the item is what it is claimed to be. Ex: "The district court erred in excluding the tape on authentication grounds without making a finding that no rational juror could have concluded that Davis made the statement at issue." FRE 903: Subscribing Witness' Testimony Unnecessary The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. Authentication of Real Evidence: FRE 901
Real evidence tangible thing that played some role in the case Just needs to support a finding that the matter in question is...
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