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Federal Rules of Evidence (US) QUESTION #3791
Question 1
A witness is asked to identify the defendant's handwriting on a threatening note. The witness is a layperson who says, 'I've seen his handwriting once on a Christmas card he sent me five years ago.' Is this enough for authentication?
  • No, the witness must be an expert in document analysis.
  • Yes, lay opinion on handwriting is admissible if based on familiarity not acquired for the litigation (Rule 901(b)(2)).✔️
  • No, because seeing it once five years ago is insufficient to establish familiarity.
  • Yes, but only if the witness can produce the Christmas card in court.
Correct Answer Explanation
Rule 901(b)(2) allows a non-expert to give an opinion on handwriting based on familiarity that was not acquired for the current litigation. One instance is legally sufficient; the 'weight' of the testimony is for the jury.