Thursday, March 24, 2011

Intro to the Federal Rules of Evidence - 26

b. Demonstrative evidence
The evidence is authenticated by a sponsoring witness who can testify that it fairly represents some aspect of the case.

c. Standard of proof – reasonable jury/ prima facie standard (FRE 901(a))
The requirement or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a find that the matter in question is what its proponent claims

Even if the authentication requirement is met, the opposing party can challenge the authenticity of the evidence. And a jury is free to measure the value of the evidence.

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