Respuesta :
The barograph record is not admissible because unless foundation testimony is given as to the accuracy and good working order of the man's instrument on the day in question.
What does the Barograph depict?
- Only if the barograph record was properly validated is it admissible. A writing must be authenticated by evidence that it is indeed what the proponent claims it is before it, or any secondary evidence of its substance, may be admitted into evidence.
- In general, any proof that supports a writing's validity can be used to authenticate it. Evidence explaining a process or system used to obtain a result and demonstrating that the process or system delivers an accurate result is one method of authentication under Federal Rule 901(b).
- In order for the man's barograph record to be accepted, proof that the instrument is accurate and that it was in excellent working order at the time the record was created must have been provided.
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Question:
At a products liability trial, a critical issue is whether the temperature was below freezing on January 16. A local man who works for a civil engineering firm is also an avid amateur meteorologist. One of the man's weather detection instruments in his backyard records temperature by markings from a stylus on a round barograph. The man's record of the day in question indicates that it was unseasonably warm and that the temperature never fell lower than 48 degrees Fahrenheit, 16 degrees above the freezing mark. The plaintiff offers into evidence the man's barograph record of the temperature on January 16.
Is the barograph record admissible?
A. Yes, as past recollection recorded.
B. Yes, as a record of regularly conducted activity.
C. No, unless foundation testimony is given as to the accuracy and good working order of the man's instrument on the day in question.
D. No, because it is hearsay not within any recognized exception to the hearsay rule.
