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

Yes. That is precisely why she asked the court to request a certified copy from Kenya/England.

That certified copy would have an unbroken evidentiary chain.

6,900 posted on 08/05/2009 12:17:25 PM PDT by null and void (We are now in day 196 of our national holiday from reality. - 0bama really isn't one of US.)
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