Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: JewishRighter

Thanks.

The issue being that the best evidence rule states - in essence - that you need an original document in order to admit evidence.

Rule 1002

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.

However, I think the COLB would be admissable under Rule 902 and Rule 1005.

Granted, I’ve never actually seen a hearing like this so I may be wrong.

Anyway, I think these rules would allow the COLB to be admitted and disqualify the alleged Kenyan Birth Certificate.


379 posted on 09/11/2009 9:29:16 AM PDT by steviep96
[ Post Reply | Private Reply | To 375 | View Replies ]


To: steviep96

Your welcome. I don’t have the Rules of Evidence in front of me, but I doubt there would be any serious challenge to the admissibility of the COLB. There is another rule giving a presumption of admissibility to certified government records.

What I think your suggestion pointed out, very astutely, is that the 0 team would want to submit it directly, without waiting for discovery, and say that it resolves the case.


381 posted on 09/11/2009 9:32:52 AM PDT by JewishRighter
[ Post Reply | Private Reply | To 379 | View Replies ]

To: steviep96

oooops. That’s “You’re welcome”.


384 posted on 09/11/2009 9:33:37 AM PDT by JewishRighter
[ Post Reply | Private Reply | To 379 | View Replies ]

To: steviep96; JewishRighter

Read the complaint, the COLB is not the best evidence, and is part of the controversy/case. As stated, discovery to counter a motion to dismiss would be allowed. Defendants will not put the COLB in a MTD IMO, as it will open Pandoras box they are trying to keep closed.

FAIL


386 posted on 09/11/2009 9:39:46 AM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
[ Post Reply | Private Reply | To 379 | View Replies ]

To: steviep96
Hey stinky, which CoLB are you prattling about? The first fraud obama tried to float at Factcheck and his fightthesmears website, the second alteration of the first jpg, or the exhibit photographed and handled by factcheck? And since you seem so unfamiliar with the CoLB issue, are you aware that no Hawaiian official has documented authenticity for any of those three exhibits barry has tried to float as genuine?

Now, if the court signs subpoena for an authenticated exhibit directly from Hawaiian achives, well that might be a CoLB, but I think the court would likely send subpoena fro the long form only, due to the essence of the issue and the exhibit Orly has filed ... you know, that thing Lucas Smith claims to have secreted out of Kenya.

395 posted on 09/11/2009 9:52:31 AM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
[ Post Reply | Private Reply | To 379 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson