2106

 

If it is a public hospital, you can use Rule 902(2).  A public record is self-authenticating if it is certified. Public records are stored in some central office. The attorney goes there, asks for a copy of the record, and asks the clerk to "certify" it -- put a stamp on it that says 'certified." Then in court, you just hand it to the judge.

If it is a business record, you can use Rule 902(11). You go to the business office and have them certify that it is a true copy of a record kept in the ordinary course of business. In many  jurisdictions, you get an affidavit from the records custodian that tracks the foundation language for the business records exception, so the document is simultaneously self-authenticating and satisfies an exception to the hearsay rule.

You also can make a Rule 36 request that your opponent admit the foundation and authenticity of the record, if you think about it far enough in advance of trial.

Questions? Email tanford@indiana.edu and refer to 2106.

(5) How would you authenticate the mangled wheelchair? Which witnesses could authenticate it and what questions would you ask?

Here are your choices (think through this carefully; one answer is not obvious):
a) The plaintiff, Turner
b) The Big Red driver, Arden
c) A bystander who saw the accident
d) A police officer who investigated the accident
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 photographed the scene

When you think you know the answer, click here .