Whether another writing produced at trial is the

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Whether another writing produced at trial is the original Whether other evidence of contents accurately reflects the original o Inscribed Chattels Usually left up to the judge to decide whether it is a writing. Authentication and Identification o Introduction and Rule The trier of fact cannot accept evidence at face value unless it is self- authenticating under 902 or is an exhibit or non-testimonial evidence. This is conditional relevance question under 104(b). The judge has to make to preliminary finding under 104(a). Page 61 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar FRE 901: Authenticated or Identifying the Evidence (a) In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. (b) Examples. The following are examples only — not a complete list — of evidence that satisfies the requirement: o (1) Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be. o (2) Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation. o (3) Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact. o (4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances. o (5) Opinion About a Voice. An opinion identifying a person’s voice — whether heard firsthand or through mechanical or electronic transmission or recording — based on hearing the voice at any time under circumstances that connect it with the alleged speaker. o (6) Evidence About a Telephone Conversation. For a telephone conversation, evidence that a call was made to the number assigned at the time to: (A) a particular person, if circumstances, including self-identification, show that the person answering was the one called; or (B) a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone. o (7) Evidence About Public Records. Evidence that: (A) a document was recorded or filed in a public office as authorized by law; or (B) a purported public record or statement is from the office where items of this kind are kept. o (8) Evidence About Ancient Documents or Data Compilations. For a document or data compilation, evidence that it: (A) is in a condition that creates no suspicion about its authenticity; (B) was in a place where, if authentic, it would likely be; and Page 62 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar (C) is at least 20 years old when offered.
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