Thursday, March 24, 2011

Intro to the Federal Rules of Evidence - 28

e. Self-authentication
While authenticating witnesses generally must be called for evidence offered under FRE 901(b), FRE 902 dispenses with that requirement.
Like FRE 901, FRE 902 addresses only whether or not evidence is sufficiently authenticated to be admissible. At trial, the opponent may introduce evidence contesting authenticity, and the trier of fact makes the ultimate determination.

i) Exclusive category.

ii) Justification
The requirement of authentication can be met by the appearance of a doc. together with past experience which suggests that such docs usually are what they appear to be.

iii) Presumption of authenticity
1) No extrinsic evidence required: such as an authenticating witness.
2) The opposing party may introduce evidence attacking the authenticity before the jury (FRE 104 (e)).

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