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hole-punched pen packet

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September 18, 2009, 11:09
e sainz
hole-punched pen packet
I was always taught (without reference to any authority -- except for the boss') that pen packets should never be hole-punched, unstapled, or otherwise damaged. I know that is the best practice, but recently I had an old case I inherited come back up on the trial docket, and the pen packet was hole-punched. Can I get these hole-punched documents admitted or am I out luck?
September 18, 2009, 11:31
JohnR
I've never heard of anyone concerned about hole punches. What I have heard expressed is that if you take a certified packet apart, you are impairing the truth of the certification.

That said, it seems more like something that should go to weight rather than admissibility, and it certainly predates the era of photocopiers and scanners and giving copies to the defense . . .
September 18, 2009, 14:45
JB
And what about a yellow sticky?
September 19, 2009, 20:50
GG
I remember there was some controversy about some judge refusing to admit a pen pack that had holes punched in it when placed in a da's file. That was about 15 years ago. That led to a rule in that office of no hole punching in any pen packs or J&S's, etc. They were placed in a manila envelope in the file, that said "DO NOT HOLE PUNCH".

I don't punch holes in any official document, or remove the staples. I have the staff photocopy them for discovery without removing the staples, just to avoid problems.
September 22, 2009, 11:24
JohnW
Years ago I had an important detail in a document obliterated by a punched hole. Since then, I try to never punch holes in any kind of certified document, def's statement, or anything else that would be offered into evidence.