Decision helps lawyers seeking to admit ‘silent witness’ testimony

Evidence

By Ray McKoski

Ray McKoski, a retired judge from Lake County, Illinois, is an adjunct professor at the UIC Law School and author of the book “Judges in Street Clothes: Acting Ethically Off-the-Bench.”

Posted June 1, 2021 11:13 AM

A recent appellate court decision will help lawyers seeking admission of “silent witness” testimony to authenticate recorded telephone calls. Most often lawyers lay a foundation for a recorded telephone conversation by calling a witness who was party to the conversation. The witness testifies that they recognize the voice of the other party on the call and that the recording accurately reflects the conversation. Similarly, foundations for photographs and videotapes are usually made by a witness who testifies from personal …

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