ONCALL
...Evidence
......Writings
11 Cards On This Topic:

Trial ct. erred in concluding parol evidence from P's declaration failed to clarify parties' contract terms to a legally acceptable degree; writing was definite enough to be a contract.

The secondary evidence rule does not apply when the writing itself is admitted into evidence.

Proponent of computer-generated conversion of records must authenticate them by proving conversion accurate.

Authentication process summarized.

A writing can be authenticated by circumstantial evidence and by its contents.

Defendant's threatening Facebook messages to victim properly authenticated based on their content and the testimony of parties' mutual friend and victim's father.

A foreign money judgment order is presumed authentic and admissible if it is from a nation recognized by the U.S. and has a legitimate court seal.

Text messages properly authenticated as relating to defendant's pimping activities.

No confrontation clause violation where text messages were not testimonial.

Award of attorneys fees reversed due to a wholesale failure of admissible proof of the amount of damages.

Trial ct. erred in not allowing defendant to prove contents of text messages under secondary evidence rule.