Authenticating Exhibits Using Requests for Admissions: Two Methods
Evan Schaeffer posts on his Illinois Trial Practice blog a couple of tips for establishing the authenticity of documents before trial using admissions. If you are going to try authenticating evidence through stipulations or admissions, though, consider breaking down each step in the foundation of the evidence. For example, a business record may still contain other hearsay in it, such as a note that the customer wanted to buy the product. The parties may agree to the authenticity of the business record, but not its admissibility because of the hearsay statement by the customer. If you ask your opponent to stipulate or admit to each step in the foundation, though, you can at least narrow down what issues will need to be addressed at trial.