Luke Cambell Evidence Lesson Trial again on Monday before Judge Cooke, and on the eve of week two new counsel Richard Brodsky submits a tutorial on the difference between authenticity and admissible hearsay:
The issue is whether the two returns of service, in the forms of affidavits from a process server, are admissible. In denying the Defendant’s objection to the admissibility of these documents as hearsay, the Court stated that they are self-‐authenticating, and therefore admissible under Fed.R.Evid. 901. Respectfully, this is a fundamental misconception of the purpose of Rule 901.
I feel like I’m back in my evidence class!