A witness s previous statements which are inconsistent with the witness s testimony may be offered to show that the witness was lying. A statement relating to an event or condition made while the speaker saw, heard or experienced the event or condition or immediately thereafter or while still affected by it. For example, Peter Plaintiff s daughter phones him to tell him that Donald Defendant is cutting down the tree in Peter Plaintiff s yard as she is watching. Peter Plaintiff s testimony as to what his daughter said is admissible. Evidence, including photographs and documents must be properly authenticated before it can be admitted for the judge to consider.
Authentication is proof that the evidence is what the person introducing it claims it to be.
Most often, evidence will be authenticated by testimony of a witness that what they want admitted comes from their own memory what they saw, heard, touched, smelled or tasted. They must recognize the thing they wanted admitted, or have marked it in some way, or kept it separate and secure to ensure that it was not changed. Also, a handwriting expert can compare the document with another writing by the person and state that they were written by the same person. For example, if a photograph of a damaged car is shown, the owner may testify that it is a picture of his car as it appeared immediately after the accident and when and where and by whom the picture was taken. Documents include writings, recordings and photographs.