Authentication Flashcards
FRE 703
Bases of Opinion Testimoney of Experts
The facts or date in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or date need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.
FRE 705
Disclosure od Facts or Dataa Underlying Expert Opinon
The expert may testify in terms or opinon or inference and give reasons therefore without first testifyiing to the iunderying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross- examination.
FRE 901
Requirement of Authentication or Identification
(a) General provision. The requirement of authentication or identification as a condition precedent to
admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its
proponent claims.
(b) Illustrations
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FRE 901(b)(1)
Illustrations:
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FRE 901(b)(1)
Illustrations:
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FRE 901(b)(2)
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FRE 901(b)(3)
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FRE 901(b)(4)
Distinctive Characteristics and Circumstances
a. Includes “appearance, contents, subtance, internal patterns, or other distinctive charcteristics
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FRE 901(b)(5)
****Voice Identificaiton:
Rule 901(b)(5) of the Federal Rules of Evidence permits an opinion identifying a person’s voice, whether heard firsthand or through a recording, “based on hearing the voice at any time under circumstances that connect it with the alleged speaker.” Fed. R. Evid. 901(b)(5). Therefore, the rule permits both methods of voice identification
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FRE 901(b)(6)
Telephone Conversations
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FRE 901(b)(7)
Public records or reports
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FRE 901(b)(8)
“Ancient Document” Rule
a. Evidence that a document
i. is in condition to create no suspicion concerning authenticity
ii. Was in a place where it, if authentic, would likely be
iii. has been in existence 20 years or more at the time it is offered.
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What is the Standard for Establishing Authenticity?
Under FRE 901(a), you only need to introduce evidence sufficient to support finding!
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Ways to Challenge Introduction of a Document?
a. Fails Authenticaiton (Under FRE 901 or 902)
b. Hearsay (under FRE 801)
c. Best Evidence Rule (FRE 1002)
b. Personal Knowledge (FRE 602)
Authentication of Scientific Evidence
Who Decides Question of Authenticity of Scientific Evidence?
- Who Decides Question of Authenticity of Scientific Evidence?
a. 104(b)- relevancy of scientific evidence depends on the fullfillment of a condition of facts, whether the proper procedure was used, proper device device, theory valid, so the judge will only hear one side.
b. It is standard for scientififc evidence to be 104(b) [except, admissibility of expert scientific testimony is 104(a) question]
Authentication of Scientific Evidence
Types of Scientific Evidence, and Analysis
Admissibilty of Expert Testimony
