Tangible Evidence

Question 1

Self authenticating evidence

FRE 902

Answer 1

• Public documents with official’s signature & certification by second official or seal
• Certified copies of public records & records of regularly conducted activities
• Newspapers, periodicals & official publications
• Documents with trade inscription
• Acknowledged documents
• Commercial paper with signature & related documents

Question 2

Best Evidence Rule

Answer 2

• Rule: Must produce original or reliable duplicate to prove contents of document relied on by witness or whose contents are at issue
• Exceptions:
• 1) original unavailable - not bc of party’s fault
• 2) admission by party - opposing party’s testimony, deposition, or written statement
• 3) public record: certified copy, copy + comparison testimony, or other evidence if above is not readily obtainable