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Must show that an item is identified as what it says it is to be admitted as evidence |
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Evidence can be authenticated by: testimony, comparisons to authentic things, distinctive characteristics, documents, rules, etc |
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Proving authenticity for admissibility is not required for: public documents, public records, publications, trade signs, acknowledged documents, commercial paper, regular activity |
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A subscribing witness's testimony is not needed to authenticate a writing |
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Definitions: writing, photograph, original, duplicate |
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The original of a writing, recording, or photograph is required |
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A duplicate is admissible unless the original's authenticity is questioned or circumstances are unfair |
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Originals are not required if: originals are lost or cannot be obtained, a party fails to provide it, or if the document is not closely related to a controlling issue |
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Can prove the content of public records with a copy if it is otherwise admissible, and certified |
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Can use summaries to prove content of large documents if the documents were available for review and can be provided |
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Can prove the content of a piece of evidence by statement of the party it is offered against |
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Court and jury determine if something has been authenticated enough |
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Rules apply to everything except the court's determination on a preliminary question of fact governing admissibility |
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Amendments can be made annually or by special vote |
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Title: Midlands Rules of Evidence |
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