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624 KB
Extraction Summary
2
People
2
Organizations
0
Locations
2
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
624 KB
Summary
This legal document, dated December 8, 2021, is an argument addressed to Judge Alison J. Nathan on behalf of Ms. Maxwell. The argument contends that the government cannot admit a piece of evidence, referred to as Exhibit 52, because it cannot be properly authenticated as a business record under the Federal Rules of Evidence. The filing asserts that Ms. Maxwell disclaimed all knowledge of a related document (Exhibit 13) during a deposition, and therefore the government fails to meet the legal requirements for its admission.
People (2)
| Name | Role | Context |
|---|---|---|
| Alison J. Nathan | The Honorable (Judge) |
Recipient of the legal document.
|
| Ms. Maxwell | Party in a legal case (likely defendant) |
Mentioned as having disclaimed knowledge of Exhibit 13 in a deposition, and her attorneys argue she did not authentic...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| The government | government agency |
The party seeking to admit Exhibit 52 as evidence in a legal case.
|
| The Court | judicial body |
The entity being addressed in the argument and which will rule on the admission of evidence.
|
Timeline (2 events)
2021-12-09
Document 532 was filed in Case 1:20-cr-00330-PAE.
Ms. Maxwell gave a deposition where she disclaimed knowledge of Deposition Exhibit 13.
Relationships (1)
The document details a legal dispute where 'The government' is attempting to admit evidence (Exhibit 52) against the interests of 'Ms. Maxwell', whose side is arguing for its exclusion.
Key Quotes (2)
"To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is."Source
— Fed. R. Evid. 901(a)
(Quoted as the legal standard for authenticating evidence, which the author argues the government cannot meet for Exhibit 52.)
DOJ-OGR-00008266.jpg
Quote #1
"testi[fy] that an item is what it is claimed to be."Source
— Fed. R. Evid. 901(a)(1)
(Quoted to explain the requirement for a witness with knowledge to authenticate an item of evidence.)
DOJ-OGR-00008266.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,780 characters)
Case 1:20-cr-00330-PAE Document 532 Filed 12/09/21 Page 2 of 8
The Honorable Alison J. Nathan
December 8, 2021
Page 2
December 8, 2021
Page 2
52. Deposition Exhibit 13 is a photocopy of some pages of some document. It is not the bound volume the government seeks to admit as Exhibit 52.
Second, even if Exhibit 13 were the same thing as Exhibit 52, Ms. Maxwell expressly and repeatedly disclaimed any knowledge of what Exhibit 13 was, when it was created, who created it, and how plaintiff’s attorneys came to possess it. She surely did not authenticate it or lay a foundation for its admission as a business record.
The government’s last-ditch effort to admit Exhibit 52 should fail for both reasons, as well as the others this Court already identified and those provided below.
ARGUMENT
The government cannot authenticate Exhibit 52 or lay the foundation for its admission under Rule 803(6).
“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.” Fed. R. Evid. 901(a). When the government attempts to satisfy the authentication requirement by relying on testimony of a person with knowledge, the witness must “testi[fy] that an item is what it is claimed to be.” Fed. R. Evid. 901(a)(1).
In turn, to prove an authenticated document is a business record, Rule 803(6) requires the government to prove that:
(A) the record was made at or near the time by--or from information transmitted by--someone with knowledge;
(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
(C) making the record was a regular practice of that activity;
DOJ-OGR-00008266
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