Authentication

Question 1

What is authentication?

Answer 1

All tangible and physical evidence must be authenticated.

To authenticate, the proponent must produce sufficient evidence to support a find that the thing is what the person says it is.

For example, someone with personal knowledge of the evidence can authenticate it.

Question 2

What is the Best Evidence Rule?

Answer 2

BER requires that the original document, or reliable duplicate, be produced to prove contents of:

1) Writing

2) Recording

3) Photo

4) X-Ray

5) Video

This rule only applies when:

1) Contents of document are at issue

2) Witness is relying on the contents of the document when testifying