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6 Cards in this Set

  • Front
  • Back
FRE 901: Authenticating or Identifying Evidence

AUTHENTICATION
(a)In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. i.e. by a preponderance of the evidence for each element alleged: the jury must have sufficient evidence to conclude the facts exist
(b)Examples. The following are examples only — not a complete list — of evidence that satisfies the requirement:
(1)Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
(2)Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
(3)Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert witness or the trier of fact.
(4)Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characte
FRE 902: Evidence that is self-authenticating

AUTHENTICATION
(a)The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
(1)Domestic Public Documents That Are Sealed and Signed. A document that bears:
(A)a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and
(B)a signature purporting to be an execution or attestation.
(2)Domestic Public Documents That Are Not Sealed but Are Signed and Certified. A document that bears no seal if:
(A)it bears the signature of an officer or employee of an entity named in Rule 902(1)(A); and
(B)another public officer who has a seal and official duties within that same entity certifies under seal — or its equivalent — that the signer has the official capacity and that th
FRE 1000: Definitions that apply to this article

BEST EVIDENCE
In this article:
(a) A “writing” consists of letters, words, numbers, or their equivalent set down in any form.
(b) A “recording” consists of letters, words, numbers, or their equivalent recorded in any manner.
(c) A “photograph” means a photographic image or its equivalent stored in any form.
(d) An “original” of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, “original” means any printout — or other output readable by sight — if it accurately reflects the information. An “original” of a photograph includes the negative or a print from it.
(e) A “duplicate” means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.
FRE 1002: Requirement of the original

BEST EVIDENCE
An original writing, recording, or photo is required in order to prove its content unless these rules or a federal statute provide otherwise
FRE 1003: Admissibility of duplicates

BEST EVIDENCE
A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original's authenticity or the circumstances make it unfair to admit the duplicate
FRE 1004: Admissibility of other evidence of content

BEST EVIDENCE
An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a) all the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b) an original cannot be obtained by any available judicial process;
(c) the party against whom the original would be offered had control of the original; was at that time put on notice, by pleadings or otherwise, that the original would be a subject of proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d) the writing, recording, or photograph is not closely related to a controlling issue.