Evidence-Wellborn SU2006 Outline

Just an extra issue the jury has to deal with not

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Unformatted text preview: say probably and that's going to be enough. Steps in offering an exhibit (see notes after third case in chapter): Authenticate Offer it in evidence don't forget to do this!! Give opposing counsel opportunity to look at what it is (Wellborn thinks this should happen at the beginning) Objection time. Can also request permission to publish it to the jury (writings to be given to the jury, or passing an exhibit around) Authentication of Real Evidence: FRE 901(a) & FRE 902 All writings require the proponent to show extrinsic evidence of the writing's genuineness except those listed in 902: Domestic public documents under seal Domestic public documents not under seal Foreign public documents Certified copies of public records Official publications Newspapers and periodicals Etc. With all of these writings, extrinsic evidence of authenticity is not required: Still have to have oral testimony with it, just to show its relevancy, but don't have to explain why this particular document is genuine Ways of Aut...
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