Laying Foundations and Meeting Objections: Section 8 - Technical Aspects of Using Exhibits
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Laying Foundations and Meeting Objections: Section 8 - Technical Aspects of Using Exhibits
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Narrado por:
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David Marantz
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Romy Nordlinger
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De:
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Deanne Siemer
Acerca de esta escucha
This book covers important general requirements for the use of exhibits in pretrial motions. For example, summary judgment motions often have exhibits attached that support substantive arguments about issues in the case. Options for establishing the necessary foundation are: self-authentication - the rules provide that some kinds of exhibits are self-authenticating and need nothing more by way of foundation; stipulation - the parties may make agreements, usually reciprocal, that certain exhibits are admissible without more; exhibits supported by an affidavit; and exhibits supported by a deposition transcript. Guidelines and examples are provided for each of these options.
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Text document exhibits are subject to the largest number of specialized evidentiary rules. The easiest way to deal with these rules is to consider first the general category into which the exhibit falls: It is either: an original, an exact duplicate with no markings that are not on the original, a "nonconforming" copy that has some markings that are not on the original, a summary of voluminous documents, or an email or other digital file.
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This kind of exhibit can be qualified either as evidence or as a testimony aid. Generally, you will want to offer charts and graphs in evidence because that way of organizing the data can qualify as "substantive evidence", and it is valuable to have the organized data before the jury during its deliberations. The "numbers documents" may be qualified by either a lay witness or by an expert witness. This book gives you the methodologies for both.
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