2102

Any witness except the emergency room staff and the paralegal could authenticate the photograph, because all other witnesses have personal knowledge of what the scene of the accident looked like on the day in question. Probably not the paralegal because she has no personal knowledge of what the scene looked like at the time of the accident.

The two questions are:

1) Were you present at the scene of the accident on the day it happened? (personal knowledge)
2) Is this photograph a fair and accurate depiction of the scene of the accident? (authentication)

That's why the paralegal cannot lay the foundation. She does not have personal knowledge of what the scene looked like on the day of the accident. And that’s why it does not matter who took the photo, because it is irrelevant.

Questions? Email tanford@indiana.edu and refer to 2102

(2) How would you authenticate the bystander’s written statement contained in the police report? Which witnesses could authenticate it and what two questions would you ask?
Here are your choices:
a) The plaintiff, Turner
b) The Big Red driver, Arden
c) The bystander who saw the accident
d) The police officer who wrote the report
e) The EMT who transported Turner to the hospital
f) The emergency room admitting nurse who wouldn't let him see a doctor until he produced an insurance card
g) The ER physician
h) The tow truck operator who towed both the truck and the wheelchair to the repair shop
i) A paralegal for plaintiff's attorney who went to the police station to pick up a copy of the report

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