[blindlaw] identifying evidence

Patrick H Stiehm stiehm.law at juno.com
Thu Mar 10 23:16:54 UTC 2011


To some extent it is going to depend on what the rules of evidence of the
particular jurisdiction you are in permit and/or the particular governing
Rules of Civil Procedure. 
Assuming for a moment it is federal court, if you were my client I would
first approach the other side for a stipulation on the admissibility of
the documents. This often works. If the other side will not agree to such
a stipulation the next thing I would try would be some very carefully
drafted requests for admission. This might get some or all of the
exhibits in.
With respect to the documents if neither of the above approaches work
then you may have to have them scanned and read via appropriate
technology. Unless there is a real issue concerning the authenticity of
the documents which is presumably what you were doing when you're
identifying them, nobody in their right mind is going to actually make
you go through this. The moment you start down that path I suspect the
judge is going to start making inquiries to the other side above their
objections and/or you may have a very fidgety jury. This is going to be
particularly true if the documents are long.
With regard to pictures they come in by being identified by a person with
knowledge testifying that they are a fair and accurate depiction of what
they purport to show. This testimony does not have to come from anybody
that took the pictures or even the owner of the pictures. It does require
somebody with knowledge of what the pictures are and who can testify as
to there being a fair and accurate depiction. It can and probably would
be easiest if this was a sighted person who could so testify. It doesn't
have to be you.
Stiehm Law Office
Alexandria, Virginia
703-360-1089 (Voice)
703-935-8266 (Fax)

On Thu, 10 Mar 2011 15:07:43 -0500 "Marsha Drenth"
<marsha.drenth at gmail.com> writes:
> 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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Stiehm Law Office
Alexandria, Virginia
703-360-1089 (Voice)
703-935-8266 (Fax)
Email address: stiehm.law at verizon.net
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