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Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways. First, a witness can testify as to the chain of custody through which the evidence passed from the time of the discovery up until ...
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
Rule 901. Authenticating or Identifying Evidence; Rule 902. Evidence that is Self–Authenticating; Rule 903. Subscribing Witness's Testimony; Contents of Writings, Recordings, and Photographs Rule 1001. Definitions that Apply to this Article. Rule 1002. Requirement of the Original; Rule 1003. Admissibility of Duplicates; Rule 1004.
Ancient documents also present an exception to the hearsay rule. FRE 803(16) applies this exception to all documents prepared before January 1, 1998. Because of their age, they may be presented as evidence of the truth of any statements contained therein.
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted.
A self-authenticating document, under the law of evidence in the United States, is any document that can be admitted into evidence at a trial without proof being submitted to support the claim that the document is what it appears to be. Several categories of documents are deemed to be self-authenticating: Certified copy of public or business ...
According to Rule 401 of the Federal Rules of Evidence (FRE), evidence is relevant if it has the "tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." [9] Federal Rule 403 allows relevant evidence to be excluded "if its ...
Gates Rubber Company v. Bando Chemical Industries, Ltd., et al. [1] is a decision by the U.S. district court for the District of Colorado from May 1, 1996. It is considered a landmark decision [2] in terms of expert witness court testimony in questions of electronic evidence [3] and digital forensics.