Rule 603: Oath to Testify Truthfully
before testifying, a witness must give an oath or affirmation to testify truthfully must be in a form designed to impress that duty on the witness’s conscience the promise to testify truthfully
Rule 901: Authenticating or Identifying Evidence
to authenticate evidence to be admitted, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is ex. this is a car, so provide evidence that it is what it says it is
options of how to do this:
testimony of a witness with knowledge
non-expert opinion about handwriting - a non-expert can testify that the handwriting is genuine based on familiarity
comparison by an expert witness or the trier of fact - the trier could be the judge or the jury and said person could make a comparison of two sets of handwriting, one of which has already been authenticated
Don't forget about the age old question of What is hugo van der goes, portinari altarpiece, ca. 14751476 all about?
distinctive characteristics and the like - the appearance of a particular We also discuss several other topics like What is the probability that a pregnancy in this group of women will result in a congenital malformation?
characteristic based on all the other circumstances
opinion about a voice - identifying a person’s voice whether first hand or through a recording based on hearing the voice at any other time
more examples on page 48 of textbook
Rule 902: evidence that is self-authenticating We also discuss several other topics like What is quaker?
can bring authentication to evidence
can self-authenticate by:
domestic public documents signed and sealed
domestic public documents that are signed but not sealed
foreign public documents
certified copies of public records
newspapers and periodicals
trade inscriptions and the like
commercial paper and related documents
presumptions under a federal statute
certified domestic records of a regularly conducted activity
certified foreign records of a regularly conducted activity
Rule 1001: "Best Evidence Rule"
has to do with the best evidence in the context of writing, photograph, or a video, when you are worried about what the content is Don't forget about the age old question of How molecules/odorants bind to their receptors?
writing consists of letters, words, numbers, or equivalents Don't forget about the age old question of Why do rights require positive action?
recording consists of letters, words, numbers, etc that are recorded
photograph consists of an image or equivalent
an original means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. Ex. if you have a will and a copy of the will but both are signed then they are both originals. An original of a photograph includes the negative or a print from it
a duplicate means a counterpart produced by a mechanical, etc. process that accurately produces the original. But not by hand.
Rule 1002: Requirement of Original
an original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statue provides otherwise We also discuss several other topics like State the list of dielectric constant digits.
Rule 1003: Admissibility of Duplicates
a duplicate is admissible to the same extent as the originals unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate
meaning you cannot bring in duplicate if it has already been challenged authenticity of the original
Rule 1004: Admissibility of Other Evidence of Content
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 (not in the proponent acting in bad faith meaning only if not on purpose)
an original cannot be obtained by any available judicial process (there are no rules forcing it to be obtained meaning its in some situation where the law cannot get it out)
the party who has the original was informed to release the original by a certain time and they do not
the writing, recording, or photograph is not closely related to a controlling issue
Interesting Case: Seila v. Lucas Film L+D (1986)
"Imperial Walkers” are duplicates of “Parthian Striders” argument in the movie so this is a copyright case
falls under Best Evidence Rule so asked to bring the Striders to court and testify about them
however, the Striders were destroyed and so he has to admit to that
this is an example of
Rule 201: Judicial Notice (pg. 69)
way of circumventing proof
governs judicial notice of an adjudicative fact not a legislative fact
adjudicative facts are ones that are necessary to define a crime or course of action
legislative fact is one that inform theories or manifest theories - motivates a legislature
kinds of facts that can be judicially noticed without additional evidence (aka they have to just be assumed by the court):
generally known within the court’s territorial jurisdiction
can be accurately and readily determined from sources who’s accuracy cannot reasonably be questioned - facts based on scientific theory that don’t need any more evidence
*meaning the rule has to fall under the court’s jurisdiction (ex. if you say you walked by Toomer’s while in a Lee County court room then you don’t have to prove what Toomer’s is. If you are in court in Kansas you would have to)* must prove the facts beyond a reasonable doubt
at any stage of the proceedings, the court may take judicial notice on its own or it must take judicial notice if it is supplied with the necessary information
in a civil case, the jury must take the fact as conclusive or in a criminal case, the judge can tell them to or not to take them as conclusive
Went over questions on pages: 46, 50, 52-53, 54-56, 63, 65-66, 67