Nonexpert handwriting opinion is an authentication example under which rule?

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Study for the Midlands Rules Of Evidence Test. Enhance your knowledge with flashcards and multiple choice questions, each question comes with explanations. Excel in your exam preparation!

Multiple Choice

Nonexpert handwriting opinion is an authentication example under which rule?

Explanation:
Authentication of handwriting can be established when a witness who is familiar with the handwriting testifies that the writing is genuine. A nonexpert opinion falls under Rule 901(b)(2) because it allows a lay witness, based on their familiarity with the handwriting, to say the handwriting is authentic. The witness doesn’t need to be a handwriting expert for this route. If the scenario involved an expert who compared samples and testified they came from the same person, that would be the Rule 901(b)(3) path. Rule 805 is not about authentication; it deals with hearsay within hearsay, so it isn’t the basis here.

Authentication of handwriting can be established when a witness who is familiar with the handwriting testifies that the writing is genuine. A nonexpert opinion falls under Rule 901(b)(2) because it allows a lay witness, based on their familiarity with the handwriting, to say the handwriting is authentic. The witness doesn’t need to be a handwriting expert for this route. If the scenario involved an expert who compared samples and testified they came from the same person, that would be the Rule 901(b)(3) path. Rule 805 is not about authentication; it deals with hearsay within hearsay, so it isn’t the basis here.

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