6) Writings + other tangible evidence

Question 1

ancient document: for hearsay exception:C A rule

Answer 1

must be 30 years old (and found in place where likey would be + trustworthiness)

Question 2

ancient document for hearsay exception: CA vs FRE

Answer 2

CA: 30 years old
FRE: before 1/1/98

Question 3

self-authenticating docs: CA rule

Answer 3

only if certified copy of public record

otherwise must independently authenticate even a doc that would be self-authenticating under FRE

Question 4

self-authenticating docs: CA vs FRE

Answer 4

CA: only certified copies of public records
FRE: broader, includes also ack’d docs, official publications, newspapers, periodicals, business records, trade inscriptions, certified copies of business records

Question 5

Secondary Evidnece Rule (CA)

Answer 5

ok duplicates instead of orig

also ok: other written evidence of contents of orig, inc handwritten notes!

Question 6

Secondary Evidence rule vs Prop 8

Answer 6

prop 8 does not apply – so secondary evidence rule may exclude relevant evidence

Question 7

Secondary evidence rule: CA vs FRE

Answer 7

CA: allows other written evidence of contents of orig inc handwritten notes

FRE: best evidence rule: dulicates are ok instead of orig but must be a duplicate from same impression as orig or from machine (NOT handwritten)