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Mock Trial 5
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|Statement of Personal or Family History about birth, adoption, ancestry, marriage, etc is not excluded by the rule against hearsay if the declarant was related to the person/ intimate with the person’s family, the declarant’s information is probably right
|Statement of Personal or Family History is not excluded by the rule against hearsay. If the declarant was related to the person or was so intimate with the person’s family that the declarant’s information is probably right
|Hearsay Within Hearsay ADMISSIBLE Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule
|Attacking and Supporting the Declarant’s Credibility ALLOWED FOR HEARSAY. When a hearsay statement/statement described in Rule 801(d)(2)(C), (D), or (E) has been admitted in evidence, the declarant’s credibility may be attacked, and then supported
|MUST SHOW EVIDENCE IS AUTHENTIC. 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.
|MAY SHOW EVIDENCE IS AUTHENTIC BY Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be.
|MAY SHOW EVIDENCE IS AUTHENTIC BY 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
|MAY SHOW EVIDENCE IS AUTHENTIC BY 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.
|MAY SHOW EVIDENCE IS AUTHENTIC BY Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
|MAY SHOW EVIDENCE IS AUTHENTIC BY Opinion identifying a person’s voice, firsthand or through recording
|Evidence About a Telephone Conversation AUTHENTIC IF SHOWN: that a call was made to the number assigned at the time to: (A) the person who answered (B) a particular business if the call related to business reasonably transacted over the telephone.
|Public Records AUTHENTIC IF: Evidence that: (A) a document was recorded or filed in a public office as authorized by law; or (B) a purported public record or statement is from the office where items of this kind are kept.
|ANCIENT DOCUMENTS AUTHENTIC if they're (A) is in a condition that creates no suspicion about its authenticity; (B) was in a place where, if authentic, it would likely be; and (C) is at least 20 years old when offered
|MAY SHOW EVIDENCE IS AUTHENTIC BY Evidence About a Process or System. Evidence describing a process or system and showing it produces an accurate result.
|MAY SHOW EVIDENCE IS AUTHENTIC BY Methods Provided by a Statute or Rule. Any method of authentication or identification allowed by a Midlands statute or a rule prescribed by the Midlands Supreme Court.
|Domestic Public Documents That Are Sealed and Signed Are Self-Authenticating . A document that bears: (A) a seal purporting to part of the United States, and (B) a signature purporting to be an execution or attestation.
|Domestic Public Documents That Are Not Sealed but Are Signed and Certified ARE SELF-AUTHENTICATING.
|Foreign Public Documents ARE SELF-AUTHENTICATING.
|Certified Copies of Public Records ARE SELF-AUTHENTICATING.
|Official Publications ARE SELF-AUTHENTICATING
|Newspapers and Periodicals ARE SELF-AUTHENTICATING. Printed material purporting to be a newspaper or periodical.
|Trade Inscriptions and the Like ARE SELF-AUTHENTICATING. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.
|Acknowledged Documents ARE SELF-AUTHENTICATING. A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.
|Commercial Paper and Related Documents ARE SELF-AUTHENTICATING. Commercial paper/promissory notes, a signature on it, and related documents, to the extent allowed by general commercial law.
|Certified Domestic Records of a Regularly Conducted Activity ARE SELF-AUTHENTICATING. The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person
|Comment to rule 902(11)
|The reasonableness requirement of this rule is satisfied if the aforementioned notice, record, and certification are affirmatively made available at the Captains’ Meeting.
|Certified Foreign Records of a Regularly Conducted Activity ARE SELF-AUTHENTICATING. In a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11), the signer must have threat of punishment for dishonesty
|Comment to rule 902(12)
|Comment: If no foreign law is provided in the case materials, assume the signatory of a foreign document would have been punished for signing falsely
|Subscribing Witness’s Testimony NOT REQUIRED. A subscribing witness’s (someone who testifies that they saw someone else sign a document) testimony is not necessary to authenticate a writing.
|Requirement of the Original. An original writing, recording, or photograph is required in order to prove its content unless these rules or a Midlands statute provide otherwise.
|Comment to rule 1002
|No attorney may object under rule 1002 that the “original writing, recording, or photograph” in question is not among the documents contained in the case packet.
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|DUPLICATES ADMISSIBLE. 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
|Rule 1004. ORIGINAL NOT REQUIRED IF DESTROYED. An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if all the originals are lost or destroyed, and not by the proponent acting in bad faith
|An original is not required IF IT CAN'T BE OBTAINED. other evidence of the content of a writing, recording, or photograph is admissible if an original cannot be obtained by any available judicial process
|An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if OPPOSING PARTY HAD CONTROL OF IT, BUT FAILS TO PRODUCE IT
|An original is not required and other evidence of the content of a writing, recording, or photograph is admissible if the writing, recording, or photograph is not closely related to a controlling issue.
|Copies of Public Records ADMISSIBLE IF: the OG evidence is admissible; the copy is correct by Rule 902(4) or is testified to be correct by a witness who has compared it with the original. If needed, lawyer may use other evidence to prove content.
|Summaries to Prove Content ADMISSIBLE. Lawyers can summarize the content of excessive evidence, but must make the originals available to opposing council
|Testimony or Statement of a Party to Prove Content ADMISSIBLE. Basically, a lawyer can use testimony from an opposing witness to prove the content of evidence without needing the original.
|per 104(b), the jury, NOT THE JUDGE, determines if (a) an asserted writing, recording, or photograph ever existed; (b) another one produced at the trial or hearing is the original; or (c) other evidence of content accurately reflects the content.
|Midlands Rules of Evidence do not apply to the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility