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346, 356 (2013) (Commonwealth had burden to demonstrate that communications contained in Myspace pages were authentic, “which in these circumstances meant that they were created by or at the direction of the defendant”); , 78 Mass. Extrinsic evidence of authenticity, as a condition precedent to admissibility, is not required with respect to the following:(a) Court Records Under Seal.
Testimony that an item is what it is claimed to be. A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
at 623, the presence of the defendant’s name on the decal on a snowmobile was sufficient to identify the defendant as the manufacturer of the snowmobile. See also (a corporation is not permitted to use the corporate name or trademark of another corporation registered or doing business in this Commonwealth without their consent).“Several rationales underlie the acceptance of this rule.
at 519, the label on which the defendant’s name appeared was sufficient to identify the defendant as the manufacturer of the defective bread.
827, 855–856 (2011) (store surveillance video properly authenticated by testimony of customer who had been there several hours before shootings, as well as by detective’s description of process by which videotape was copied from store’s system). Apart from whether a witness is sufficiently familiar with a voice to identify the speaker, an in-court voice identification may be excluded on grounds that it was the product of an unnecessarily suggestive identification procedure. shall be admitted without certification or attestation, but, if their genuineness is questioned, the court shall require such certification or attestation thereof as it deems necessary.”). Copies of bills for genetic marker tests and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, shall be admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.(n) Results of Genetic Marker Tests.
There is, under such circumstances, no occasion for the opinion of the outsider of only ordinary intelligence.”). For example, hospital records showing the name of a patient that was the same alias used by the defendant in the past, with the same date of birth and the same mother’s name, where the patient was treated for a leg injury similar to that which the victim’s friend described inflicting on the attacker, provided sufficient foundation to allow the jury to conclude that the defendant was the individual whose hospital records were admitted into evidence. 482, 488 (1963) (identification of caller by witness is permitted when caller identifies himself and there is other circumstantial evidence pointing to his or her identity). Itemized bills and reports, including hospital medical records and examination reports, relating to medical, dental, hospital services, prescriptions, or orthopedic appliances rendered to a person injured, if (1) it is subscribed and sworn to under the penalties of perjury by the physician, dentist, authorized agent of a hospital or health maintenance organization, pharmacist, or retailer of orthopedic appliances rendering such services; (2) the party offering the evidence gives the opposing party written notice of the intention to offer the evidence, along with a copy of the evidence, by mailing it by certified mail, return receipt requested, not less than ten days before the introduction of the evidence; and (3) the party offering the evidence files an affidavit of such notice and the return receipt is filed with the clerk of the court after said receipt has been returned.(m) Copies of Bills for Genetic Marker Tests and for Prenatal and Postnatal Care.
Neither expert testimony nor exclusive access is necessary to authenticate the source. “[P]roof of authenticity usually takes the form of testimony of a qualified witness either (1) that the thing is what its proponent represents it to be, or (2) that circumstances exist which imply that the thing is what its proponent represents it to be.” Commonwealth v.
This requires the judge to determine whether sufficient evidence exists for a reasonable jury (or fact finder in a jury-waived case) to find by a preponderance of the evidence that the matter in question is what its proponent claims. The attestation of an official having custody of an official record is the assurance given by the certifier that the copy submitted is accurate and genuine as compared to the original.” (Citations and quotations omitted.)Id. Deramo, the Supreme Judicial Court held that “[m]erely making a copy of the original attestation along with a copy of the underlying record does not serve the purpose of the attestation requirement.” Id. Unless a statute or regulation provides otherwise, an attestation does not have to take the form of an original signature; it need only be an original mark, such as a stamp or facsimile. Copies of books, papers, documents, and records in any department of State or local government, when attested by the officer in charge of the items, “shall be competent evidence in all cases equally with the originals . Copies of records of banks doing business in the Commonwealth are admissible in evidence on the same terms as originals if accompanied by an affidavit, taken before and under the seal of a clerk of a court of record or notary, “stating that the affiant is the officer having charge of the original records, books and accounts, and that the copy is correct and is full” insofar as it relates to the subject matter in question. 44(c) (authentication of official records or the lack thereof from the Commonwealth or a foreign jurisdiction may be accomplished “by any other method authorized by law”). was relevant to the weight, not the admissibility, of the messages.” Id. The court stated that neither expert testimony nor exclusive access is necessary to authenticate the authorship of an e‑mail. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. A foreign official record, or an entry therein, when admissible for any purpose, attested by a person authorized to make the attestation and accompanied by a final certification as to the genuineness of the signature and official position (1) of the attesting person or (2) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. Second, since the probability is very high that the corporation whose name appears on a product is the corporation which manufactured the product, judicial efficiency will be served by allowing the identity of the name on a product and the defendant’s name to satisfy the plaintiff’s burden of identifying the defendant as the manufacturer. This subsection is derived from (copies from the records, books, and accounts of banks and trust companies doing business in the Commonwealth must have an affidavit taken before a notary stating that the officer has charge of the original records); (business records shall be admissible if the court finds the record was made in good faith, in the regular course of business, before the beginning of legal proceedings, and the person who made the entry has personal knowledge of the facts stated in the record). This subsection is derived from statutes which deal with authentication not covered in other areas of Article IX, Authentication and Identification. First, since trademarks and trade names are protected under statutes, the probability that a particular name will be used by another corporation is very low. 8(b) (“The signature to an instrument set forth in any pleading shall be taken as admitted unless a party specifically denies its genuineness.”). A trademark or trade name affixed on a product indicating origin.(h) Acknowledged Documents.