Bar Points: Evidence: Authentication of a writing

Authentication of writing – Generally, a writing (or any secondary evidence of its content) will not be received in evidence unless the writing is authenticated by proof for a reasonable juror to believe that the writing is what the proponent claims it is. If the relevance of a writing depends upon its source or authorship, the party offering the document must prove the source or authorship to authenticate the writing.

Eyewitness Testimony – A writing can be authenticated by testimony of one who sees it executed or hears it acknowledged. The testimony need not be given by a subscribing witness.
Handwriting Verifications by lay (nonexpert) person with personal knowledge of the alleged writer's handwriting; the expert opinion with comparison of samples of the maker's handwriting; jury comparison of samples. ( M remember that a non-expert without personal knowledge of the handwriting cannot become familiar with it for purposes of testifyingM).
Ancient Document Rule – a document may be authenticated by evidence that it is:

Reply Letter Doctrine – Document can be authenticated by evidence that it was received in response to a prior communication to the claimed author.

Self-Authenticating Documents – Certain documents are so generally reliable that they prove themselves. No foundation testimony is need to prove them: (1) certified copies of public records; (2) official publications; (3) Newspapers / periodicals; (4) trade inscriptions and labels; (5) Acknowledged [notarized] documents; (6) commercial paper (7) certified business records offered into evidence under the Business records hearsay exception – and they must be certified by (a) someone within the business (b) who knows how the records are regularly made (c) and that those documents were made in the regular way (d) at or about the time of the event recorded.

Authentication of Photographs and Recordings – If the purpose of the photograph is to "illustrate" a witness's testimony, it can be authenticated by the witness testifying, based on personal knowledge that the photo is a fair and accurate representation of the people or objects portrayed. Ordinarily it is not necessary to call the photographer to authenticate; a witness familiar with the scene is sufficient.

Photograph as silent witness (unattended camera): Sometimes a photograph is not illustrating a witness's testimony, but rather is itself the evidence (e.g. photos from surveillance cameras). A party offering such a photo must show:

Bar Points