I understand from the course that letters, emails, videos, audio, photos, etc. need to be authenticated. For my case, a lot of information/evidence was through email exchange. Can I just print out the emails and submit for request for admission? Please advise, thanks.
* Last updated by: YUNGFONG1 on 3/15/2014 @ 7:55 PM *

Hi everyone,

I recently filed a dual motion for Judicial Notice and Motion to Deem Facts Admitted. My case is a wrongful foreclosure case in Texas. Today I received notice that the defendants in the case filed a response to the motion seeking an order denying my Motions based on FRCP 201 wherein I relied upon certified court documents including previous testimony and depositions, and other court documents.

They state among other things that my documents are unauthenticated. How can a certified court document be unauthenticated? Plus they only rebutt the use of FRCP 201 but I also cited: Texas Rules of Evidence 201, 801 (d)(2), 804 (a)(1), 804 (b)(1), & 902. Rule 902 states that certified court documents are self-authenticating.

Thanks,

George

George,

Review the rules for FRCP 201 and focus on 201(b). You may have to reply to the motion to dismiss with noting that documents of the court are self authenticating. review a few case laws on google surrounding MTD and judicial notices.

In my opinion, judicial notices are usually accepted without rebuttal.

For electronically generated items, see RFE 902(13) which was updated in 2017.