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rules of ecidence

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  • mobinem@aol.com
    ARTICLE IX. AUTHENTICATION AND IDENTIFICATION Rule 901. Requirement of Authentication or Identification (a) General provision. The requirement of
    Message 1 of 2 , Oct 30, 2007
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      ARTICLE IX. AUTHENTICATION AND IDENTIFICATION                                                        Rule 901. Requirement of Authentication or Identification       (a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.                                                                                 (b) Illustrations.                                                                                     (7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.                         (8) Ancient documents or data compilation. Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.                                                                                              Rule 902. Self-authentication extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:                                                                          (1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States , or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands , or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.                                                                        (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) of this rule or complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority                                                    (8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.

       


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    • Frog Farmer
      Isn t it great how reading the law can make stuff so plain, even though parties still go to court over issues obvious to higher courts? The below is why I
      Message 2 of 2 , Nov 4, 2007
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        Isn't it great how reading the law can make stuff so plain, even though
        parties still go to court over issues obvious to higher courts? The
        below is why I like to get certified copies of the oaths of office on
        file here locally. I get certified copies of whatever's on file, and
        surprise! surprise! - there's nothing on file matching what the law
        requires! Nobody can come in with any argument claiming that ANYTHING
        ELSE is sufficient, because I won't allow or permit it! People permit
        all kinds of nonsense, but I don't think it's a good idea. Either this
        game is for real or it's not. Hahahhaha! It's really not!

        Regards,

        FF

        P.S. Bear, I didn't trim this post because of the high value of reading
        actual codes again, and again, until the obvious sinks in. So many
        questions are asked without the questioner reading the pertinent laws
        printed for free on the internet. Search engines are so good today too.


        > -----Original Message-----
        > From: tips_and_tricks@yahoogroups.com
        > [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of mobinem@...
        >
        ARTICLE IX. AUTHENTICATION AND IDENTIFICATION Rule 901.
        Requirement of Authentication or Identification

        (a) General provision.
        The requirement of authentication or identification as a condition
        precedent to admissibility is satisfied by evidence sufficient to support a
        finding that the matter in question is what its proponent claims.

        (b) Illustrations.

        (7) Public records or reports. Evidence that a writing authorized by law
        to be recorded or filed and in fact recorded or filed in a public office,
        or a purported public record, report, statement, or data compilation,
        in any form, is from the public office where items of this nature are
        kept.

        (8) Ancient documents or data compilation. Evidence that a
        document or data compilation, in any form, (A) is in such condition
        as to create no suspicion concerning its authenticity, (B) was in a
        place where it, if authentic, would likely be, and (C) has been in
        existence 20 years or more at the time it is offered.

        Rule 902.
        Self-authentication extrinsic evidence of authenticity as a condition
        precedent to admissibility is not required with respect to the
        following:

        (1) Domestic public documents under seal. A document bearing a seal
        purporting to be that of the United States, or of any State, district,
        Commonwealth, territory, or insular possession thereof, or the
        Panama Canal Zone, or the Trust Territory of the Pacific Islands, or
        of a political subdivision, department, officer, or agency thereof, and
        a signature purporting to be an attestation or execution.

        (4) Certified copies of public records. A copy of an official record or
        report or entry therein, or of a document authorized by law to be
        recorded or filed and actually recorded or filed in a public office,
        including data compilations in any form, certified as correct by the
        custodian or other person authorized to make the certification, by
        certificate complying with paragraph (1), (2), or (3) of this rule or
        complying with any Act of Congress or rule prescribed by the
        Supreme Court pursuant to statutory authority

        (8) Acknowledged documents. Documents accompanied by a certificate
        of acknowledgment executed in the manner provided by law by a
        notary public or other officer authorized by law to take
        acknowledgments.
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