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To: Natural Born 54; gandalftb
Dad, who is soon to be ninety, graduated top of law class, worked as a clerk in the Federal system and practiced law for fifty years says:

The only reason Orley has petitioned the court is to establish a Chain of Possession between the origin of the documentation and it's appearance in court as evidence.

Only documentation that has this criteria established are allowed to be presented in a court of law.

There may be hundreds of copies, butare no good unless they meet this criteria to be evidential.

6,857 posted on 08/05/2009 10:01:43 AM PDT by hoosiermama (ONLY DEAD FISH GO WITH THE FLOW.......I am swimming with Sarahcudah! Sarah has read the tealeaves.)
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To: hoosiermama

What else does Dad think about this whole case?


6,862 posted on 08/05/2009 10:38:04 AM PDT by silverleaf (If you can't be a good example, at least don't be a horrible lesson)
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To: hoosiermama
The only reason Orley has petitioned the court is to establish a Chain of Possession between the origin of the documentation and it's appearance in court as evidence. Only documentation that has this criteria established are allowed to be presented in a court of law.

The problem is that Orly's motion doesn't say where she got this copy. So the chain of custody is already broken.

The document presented to the Court is also completely unauthenticated, and thus violates Rule 901(a) of the Federal Rules of Evidence. You cannot just go into federal court and say "this is a piece of paper and I want to conduct discovery to find out if it's genuine." There first has to be a showing of where the alleged copy came from sufficient to give the court a reasonable basis to conclude that it might be genuine.

My prediction (based on 31 years' experience practicing law in federal court) is that the court will reject it out of hand based on Orly's failure to present any evidence of where or how she got it.

6,893 posted on 08/05/2009 11:56:11 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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