Foundations for Documentary Evidence

Do Problem 52

Videotape

Surveillance Video – Photographs Fair & Accurate Representation W has personal knowledge Photo is F&A record Silent Witness Method ID process or system Show it yields accurate result Show process started Show proper usage Show lack of tampering ID output Chain of custody to trial

Bullet – Real Evidence Unique Characteristics Existence of unique characteristic Initial Observation ID of object by characteristic Object in same condition or ID changes

Bullet – Real Evidence Chain of Custody Initial receipt (time & place) Safeguarding while possessed Transfer to next link (or retention until trial Optional: ID as same and any changes

Death Certificate – FRE 902(2) Signed Bill Jones, Assistant Coroner Wyandotte Co. Plus Certified by Carl Clerk Plus Clerk’s seal affixed Signed Bill Jones, Assistant Coroner Wyandotte Co. with Jones’s seal affixed

Death Certificate – FRE 902(2) Signed Bill Jones, Assistant Coroner Wyandotte Co. Plus Certified by Carl Clerk Plus Clerk’s seal affixed Signed Bill Jones, Assistant Coroner Wyandotte Co. with Jones’s seal affixed

I’m sorry I killed that girl

Written Document Author / Signer Testimony Witness to Signature Witness familiar with handwriting Seen signing in past Business dealings Correspondence Anything not in anticipation of litigation Comparison w/exemplars by Expert Finder of Fact Not lay witness

Phone Call – Phone Mail Message Speaker Testimony Witness to statement Witness familiar with voice Hearing speak in past Business dealings Conversations Anything not in anticipation of litigation Comparison w/exemplars by Expert Finder of Fact Lay witness is OK

3 Sorts of Summaries Evidentiary Summaries (FRE 1006) Secondary Evidence Summaries (FRE 1004) Pedagogical Summaries (FRE 611)

Evidentiary Summaries (1006) Voluminous Writings Underlying Writings Admissible but Need not be admitted Made available At reasonable time To check summary’s accuracy Summary Accurate Summary Not Too Prejudicial

2ndary Evidence Summaries (1004) Can be used even where underlying documents cannot be produced because lost etc. If requirements of original documents rule satisfied Proponent has excuse for non-production

Pedagogical Summaries (611) Underlying Evidence Must be in the record Need not be voluminous Could be testimony or documents Summary not independent evidence Must be “helpful”