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Forum nameGeneral Discussion
Topic subjectRE: Another question as far as entering exhibits as evidence
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12794008&mesg_id=12794109
12794109, RE: Another question as far as entering exhibits as evidence
Posted by SoWhat, Wed Apr-29-15 04:46 PM
>The witness that testifies to the authenticity of the
>evidence, if the other side objects that the witness fails to
>authenticate the documents and is sustained by the
>judge...does counsel use another witness to authenticate it or
>are they stuck with that witness?

they can probably try it w/another witness if the judge allows them to.

>I actually had to do this at my last job, to get some notices
>that we sent entered as evidence. They sent my supervisor on a
>prior matter and she failed to get the evidence in causing the
>judge to grant the other side's motion to suppress the
>notices. I'd assume a murder case wouldn't be so cut and dry
>right?

at that point it's going to be about whether there's another person on the witness list that can authenticate the documents. if there is such a witness the judge will likely allow the attorney to try authenticating the evidence w/that witness. if not the attorney may be stuck.