1.04 Evidence is any type of physical or digital evidence that can be used to support a legal case. This includes items like documents, photos, video recordings, audio recordings, and other tangible evidence. There are several types of 1.04 Evidence: * Direct Evidence: Direct evidence is physical or digital evidence that can be used to directly support a claim. Examples of direct evidence include witness statements, recordings of conversations, and DNA evidence. * Circumstantial Evidence: Circumstantial evidence is physical or digital evidence that can be used to indirectly support a claim. Examples of circumstantial evidence include digital footprints, circumstantial witness accounts, and physical evidence that can be used to infer a certain conclusion. * Hearsay Evidence: Hearsay evidence is information given by someone who was not present at the time and/or is not considered to be reliable. Hearsay evidence is typically not accepted in court cases, but can be used to support other forms of evidence. * Real Evidence: Real evidence is physical evidence that can be presented in court. Examples of real evidence include documents, photographs, video recordings, and other tangible artifacts.
1.04 EVIDENCE
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Witness testimony. Rule 901(b)(1) allows for authentication through the testimony of a witness with knowledge that a matter is what it is claimed to be. For non-electronic documents, the witness providing such testimony may be the person who drafted the document or who is responsible for maintaining the record.
Rule 104 - Preliminary Questions (a)Questions of Admissibility Generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b).
(1)Originals Lost or Destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (2)Original Not Obtainable. No original can be obtained by any available judicial process or procedure; or (3)Original in Possession of Opponent.
Rule 104 - Preliminary Questions (a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.
(b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
104(a) applies when the question is whether ?evidence is admissible.? Rule 104(b) applies when the relevance of evidence turns on whether another fact exists.
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper purpose or scope and instruct the jury ingly.