NCJ Number
85022
Date Published
Unknown
Length
0 pages
Annotation
A prosecuting attorney discusses how documents can be used and organized for trial, how to obtain stipulations (as to the document's authenticity), and which documents can be certified (as true copies) in court.
Abstract
Working with documents is easier than handling witnesses. They should be placed in witness files in the order at which they will be presented and possibly 'premarked' with stickers or stamps. Attorneys should give a list of exhibits to the judge, clerk, and possibly to the reporter and inform the clerk of procedures they will follow in introducing documentary evidence. The jury would also find it helpful to be briefed on the documents introduced and to be assured that they will be explained in due course. Before trial, prosecutors should meet with defense attorneys to obtain their stipulations, assuring them that they do not have to commit themselves unless they initial each document. Defendants should also initial each stipulated document. Certified documents are true copies of the original and not automatically admissible in court. Government records, State judicial and nonjudicial records, negative statements, and income tax returns can be certified. Computer records can also be certified, but attorneys must show that the equipment was working property and that the operator was adequately trained. Attorneys can introduce certified documents to impeach a witness. The speaker reviews the Federal rules applying to certification and suggests some additional tips for handling such documents.