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I have an upcoming trial where a website the Defendant runs will be a key piece of evidence against her. The website contains the Defendant's bio and pictures of her. Assuming the Defendant does not testify, how do I get this past a hearsay objection? Is there any way to authenticate the website? How do I link this back to her?
 
Posts: 66 | Location: Travis County, TX, USA | Registered: August 04, 2008Reply With QuoteReport This Post
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Admission of party opponent.

How do you know it is her website? That is what will authenticate it--evidence tending to show the thing is what it purports to be. If it contains her name, her bio, her photo, then that will support a finding it is hers. And the things said on the site are her admissions.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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One thing about a web site is that anyone with access to the underlying files can change it at any time. Also remember that most web sites live on servers that reside at specilized hosting companies where a single server computer might have a hundred sites on it all from different people and companies. The hosting company's employees have access to the site's underlying files.


The internet archive project is a handy tool for checking on old content. You might get lucky and find that this disinterested third party has a static copy.
 
Posts: 689 | Registered: March 01, 2004Reply With QuoteReport This Post
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