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RE: [tips_and_tricks] rules of ecidence (evidence too)

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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 1 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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