[blindlaw] identifying evidence

Paul Harpur paulharpur at gmail.com
Thu Mar 10 22:41:57 UTC 2011


Perhaps an alternative, at least in Australia, could be if you get your
lawyer to attest that he has read the document to you and they execute an
affidavit.  
The attestation clause could be borrowed from the attestation clause when
executing a will for a blind person: IE the lawyer has read the documents to
you.  
I also obtained leave from the chief justice to bring a laptop into court.  


-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Russell J. Thomas, Jr.
Sent: Friday, 11 March 2011 8:00 AM
To: 'NFBnet Blind Law Mailing List'
Subject: Re: [blindlaw] identifying evidence

The issue is authentication.

With respect to documents, if you read Braille, have the documents embossed
in Braille so that you can testify about the documents.  That may give the
Judge enough information to permit the documents to be introduced into
evidence.  The only problem may arise if there is an issue as to the
validity or reliability of any signature on any documents.

The issue of pictures is far more complicated. To lay a proper foundation
for the admission of a photograph, the witness  must testify that the
photograph constitutes an accurate representation of what the photograph
purports to represent.  That is impossible for a blind person to do. 

If the question relates to a picture you took yourself, (for example with an
Iphone), then, if the picture is still stored in the Iphone, then the
picture can be authenticated by allowing the Court or opposing counsel to
examine the iphone and locate the photograph.


Respectfully,

 

Russell J. Thomas, Jr.

Law Office of Russell J. Thomas, Jr.

4121 Westerly Place, Suite 101

Newport Beach, California 92660                             

T: (949) 752-0101                             

F: (949) 257-4756

M: (949) 466-7238

www.emplmntattorney.com

Follow me on Twitter:  EmplmntAttorney

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Marsha Drenth
Sent: Thursday, March 10, 2011 12:08 PM
To: 'NFBnet Blind Law Mailing List'
Subject: [blindlaw] identifying evidence

Hello Lawyers and Professionals,

Currently I am up to my eye balls in court proceedings. I have a very good
lawyer who is representing me in the hearings. The question came up of me
identifying evidence that will be entered into the case. I am totally blind,
I am needing to identify pictures, emails and other documents. How is it
possible for me as a blind person to identify this evidence? It is very very
important that the evidence is identified and entered into the case in the
hearing. 

Please help, and Thank you in advance!
Marsha
 

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