Paralegal Certification PrepLitigationMedium
A paralegal is organizing exhibits for an upcoming trial. The attorney wants to introduce a certified copy of a land deed to prove ownership of a property. Which evidentiary rule generally allows for the admission of such a document without requiring testimony from the person who created it?
- ARelevance Rule
- BRule Against Hearsay
- CRule on Expert Testimony
- DSelf-Authentication
Show answer & explanationAnswer & explanation
Correct answer: D. Self-Authentication
Certified copies of public records, such as land deeds, are typically 'self-authenticating' under rules of evidence, meaning they do not require extrinsic evidence of authenticity to be admitted.
Why the other options are wrong
- A. The Relevance Rule determines if evidence has any tendency to make a fact more or less probable, but doesn't address how to prove a document is genuine.
- B. The Rule Against Hearsay deals with out-of-court statements, not the authenticity of documents.
- C. The Rule on Expert Testimony governs specialized knowledge, not the authentication of public records.
Self-Authenticating Documents
Documents that require no extrinsic evidence of authenticity to be admitted into evidence, as their reliability is presumed due to their nature or official certification.
- Examples include certified public records, notarized documents, commercial paper.
- Eliminates the need for a witness to testify to its genuineness.
- Governed by rules like Federal Rule of Evidence 902.
Memory trick: Authenticating documents: 'Testify' for most, 'Self-auth' for the best!