Question

At a products liability trial, a critical issue is whether the temperature was below freezing on January 16. A local man who works for a civil engineering firm is also an avid amateur meteorologist. One of the man's weather detection instruments in his backyard records temperature by markings from a stylus on a round barograph. The man's record of the day in question indicates that it was unseasonably warm and that the temperature never fell lower than 48 degrees Fahrenheit, 16 degrees above the freezing mark. The plaintiff offers into evidence the man's barograph record of the temperature on January 16. Is the barograph record admissible

Answer 1

The barograph record is admissible as long as it had been properly authenticated. Before an article or any secondary evidence of its content could also be received conspicuous, the writing must be authenticated by proof showing that the writing is what the proponent says it's. generally, writing could also be authenticated by any evidence that serves to determine its authenticity. One means of authentication under Federal Rule 901(b) is by evidence describing a process or system wont to produce a result and showing that the method or system produces an accurate result. Hence, for the man's barograph record to be admissible, the evidence must are offered that the instrument is accurate which it had been in good working order when the record was produced.