Foundations for Documentary Evidence

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Foundations for Documentary Evidence
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Do Problem 52
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Videotape
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Surveillance Video Photographs

• Fair Accurate Representation
• W has personal knowledge
• Photo is FA record
• Silent Witness Method
• ID process or system
• Show it yields accurate result
• Show process started
• Show proper usage
• Show lack of tampering
• ID output
• Chain of custody to trial

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Bullet Real Evidence

• Unique Characteristics
• Existence of unique characteristic
• Initial Observation
• ID of object by characteristic
• Object in same condition or ID changes

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Bullet Real Evidence

• Chain of Custody
• Initial receipt (time place)
• Safeguarding while possessed
• Transfer to next link (or retention until trial
• Optional ID as same and any changes

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Death Certificate FRE 902(2)

• Signed Bill Jones, Assistant Coroner Wyandotte
  Co.
• Plus Certified by Carl Clerk
• Plus Clerks seal affixed
• Signed Bill Jones, Assistant Coroner Wyandotte
  Co. with Joness seal affixed

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Death Certificate FRE 902(2)

• Signed Bill Jones, Assistant Coroner Wyandotte
  Co.
• Plus Certified by Carl Clerk
• Plus Clerks seal affixed
• Signed Bill Jones, Assistant Coroner Wyandotte
  Co. with Joness seal affixed

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Im sorry I killed that girl
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Written Document

• Author / Signer Testimony
• Witness to Signature
• Witness familiar with handwriting
• Seen signing in past
• Business dealings
• Correspondence
• Anything not in anticipation of litigation
• Comparison w/exemplars by
• Expert
• Finder of Fact
• Not lay witness

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Phone Call Phone Mail Message

• Speaker Testimony
• Witness to statement
• Witness familiar with voice
• Hearing speak in past
• Business dealings
• Conversations
• Anything not in anticipation of litigation
• Comparison w/exemplars by
• Expert
• Finder of Fact
• Lay witness is OK

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3 Sorts of Summaries

• Evidentiary Summaries (FRE 1006)
• Secondary Evidence Summaries
• (FRE 1004)
• Pedagogical Summaries (FRE 611)

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Evidentiary Summaries (1006)

• Voluminous Writings
• Underlying Writings
• Admissible but
• Need not be admitted
• Made available
• At reasonable time
• To check summarys accuracy
• Summary Accurate
• Summary Not Too Prejudicial

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2ndary Evidence Summaries (1004)

• Can be used even where underlying documents
  cannot be produced because lost etc.
• If requirements of original documents rule
  satisfied
• Proponent has excuse for non-production

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Pedagogical Summaries (611)

• Underlying Evidence
• Must be in the record
• Need not be voluminous
• Could be testimony or documents
• Summary
• not independent evidence
• Must be helpful