16) MOTION IN LIMINE TO EXCLUDE EMAILS AND TEXT MESSAGES ALLEGEDLY
SENT BY AARON LEWIS
http://www.websleuths.com/forums/sho...3#post12095163
2. The State has provided Defendant with text messages and emails allegedly sent by
Matthew Davis.
3. Defendant believes the State intends to introduce text messages and emails
allegedly sent by Defendant in the trial. The State must meet two burdens. First, the State must
meet the authentication requirements under Arkansas Rule of Evidence 901, which is a condition
precedent to admission. Second, the State must also prove they were authored by Defendant or
they should be excluded as hearsay.
4. This Court should preclude the State from introducing any text messages
allegedly sent by Defendant unless the State has provided sufficient authentication under
Arkansas Rule of Evidence 901.
Wondering if Matthew Davis was the "referral person" ?
Rule 901. Requirement Of Authentication Or Identifcation [Identification].
(a) General Provision. The requirement of authentication or identification as a condition precedent to admissiblity [admissibility] is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
(b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:
(1) Testimony of witness with knowledge. Testimony of a witness with knowledge that a matter is what it is claimed to be.
(2) Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.
(3) Comparison by trier or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.
(4) Distinctive characteristics and the like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.
(5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.
(6) Telephone conversations. Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if (i) in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or (ii) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.
(7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.
(8) Ancient documents or data compilation. Evidence that a document or data compilation, in any form, (i) is in such condition as to create no suspicion concerning its authenticity, (ii) was in a place where it, if authentic, would likely be, and (iii) has been in existence 20 years or more at the time it is offered.
(9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
(10) Methods provided by statute or rule. Any method or [of] authentication or identification provided by [the Supreme Court of this State or by] a statute or as provided in the Constitution of this State.
Associated Court Rules:
Arkansas Rules of Evidence
Group Title:
Article IX. Authentication and Identification
https://courts.arkansas.gov/rules-a...1-requirement-authentication-or-identifcation
