authentication

Question 1

Authentication

Answer 1

overview
methods of authentication
self-authenticating documents
authentication of photographs

Question 2

Authentication

overview

Answer 2

If the relevance of a writing depends upon its source or authorship, a showing must be made that the writing is AUTHENTIC (genuine - that it is what it purports to be)

Question 3

Authentication

methods of authentication

Answer 3

Whether X is the author of the document

1. Witness’s personal knowledge
2. Proof of handwriting (layperson’s opinion, expert comparison opinion, jury comparison)
3. Proof of circumstantial evidence (anything relevant that connects the alleged author to the document)
4. Ancient document rule - authenticity inferred if document is a) at least 20 years old, b) facially free of suspicion, c) found in a place of natural custody
5. Solicited reply doctrine - authenticated by evidence that it was received in response to a prior communication to the alleged author.

Question 4

Authentication

Self-authenticating documents

Answer 4

Self-authenticating documents, in general, are presumed authentic with no need for foundation.

1. Official publications
2. Certified copies of public or private records on file in public office
3. Newspapers or periodicals
4. Trade inscriptions and labels
5. Acknowledge document (certified by notary that X appeared to notary)
6. Commercial paper (promissory notes, etc.)

Question 5

Authentication

Authentication of photographs

Answer 5

Witness may testify on the basis of personal knowledge that the photograph is a fair and accurate representation of the people or objects portrayed.
Witness does not have to be photographer and just needs personal knowledge of what the photograph shows.