LawEducator How do I introduce evidence for a cross-examination? I know that I have first to ask the court for

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Good morning Walter, I see you were up a little late.

Let me ask this clarifying question:

What type of evidence are you asking to introduce, let's start there?

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There is a specific process to introduce evidence.

Rule 901 of the MI rules of evidence (https://casetext.com/rule/michigan-court-rules/michigan-rules-of-evidence/rule-901-903/rule-901-requirement-of-authentication-or-identification) requires authentication of the evidence.

Authentication means you need to first put a person on the stand under oath who as firsthand knowledge of the photo or video, typically the person who took it, and they must testify as to the date and time it was taken.

Once that is done, you ask the court to admit the evidence as being authenticated.

In showing a witness the evidence, you first ask them about the event depicted by the photo or video, then you show them the exhibit and ask them to describe/explain it and ask them if that is an accurate depiction of what occurred.

The process is the same, you still have to question and authenticate evidence and use the screen sharing like I sent you the instructions on.

You should yes, to the opposing party and to the judge's clerk.

Now would be best.

No.

You need to state under oath that you took the photos and the date and then you need to show them to the witness and ask if they can identify the items in the photo and then you say to the judge, the witness has authenticated the photo and I ask that it be admitted into evidence.

That makes sense.

So you can refer to it only, since the judge is not taking the evidence.  You can ask the judge if you can show the witness a picture so they can identify the property in question.

Yes, the clerk gives the oath to the witnesses.

All testimony is under oath.

Yes, that is correct.

It is okay on zoom, they will be visible.

Dan isn't going to argue they were manipulated, he would be foolish to try that.

But he knows you are able to produce the original and you can tell the court that too.

Thank you!

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