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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 116709
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I have some photographs from Facebook and some text on a

Customer Question

I have some photographs from Facebook and some text on a phone. I need to be able to introduce in trial. Please provide me with a proper set of questions to ask the witnesses (lay the foundation) so they can be admitted as evidence. Thank you.
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Whose facebook page are they on?
Whose phone are the text messages on?
Customer: replied 10 months ago.
Ex-Husband's girlfriend's face book page. After trial son was able to enter Dad's girlfriend's page and found proof that Dad at trial when he testified that he never had an extramarital relationship. Also, this 13 yr old son text his father some messages I want to introduce.
Customer: replied 10 months ago.
proof that dad lied at trial...
Customer: replied 10 months ago.
Motion for new trial set today at 3:00. Only Dad and Mom will be at the hearing.
Expert:  Law Educator, Esq. replied 10 months ago.
In order to introduce the Facebook page you need to put either the girlfriend on the stand or you have to seek to put your son on the stand and show them the copy of the page and ask them to describe what it is and then once they identify it you can ask the court to admit it to evidence. You have to have the girlfriend subpoenaed or because of your son's age get permission for him to testify about how he found the page. If you can access the page and pull it up then you can testify you found the page and know it to be her page and that is what you found.If you have the cell phone you can identify the cell phone and ask the court to introduce the text messages from the phone or you again would have to put your son on the stand and ask him about sending the messages
Customer: replied 10 months ago.
What about the father, can't he testify .He sees her facebk often I'm sure. And what r some of the questions I should ask?
Expert:  Law Educator, Esq. replied 10 months ago.
you can show it to the father. You would ask him what it is. You would ask him who the person is. You would ask him what it shows. Then once he identifies it you ask the court to admit it to evidence
Customer: replied 10 months ago.
Thanks, ***** ***** If Judge not allow live testimony b/c MNT how do I offer the photos and text that are attached to a sworn affidavit of the son into evidence?
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

You would use the affidavit that these are true representations of what you found on FB and of the texts and ask the court to accept them as evidence, if he does not want live testimony.

Customer: replied 10 months ago.
Who found, my son or me? My son found the photos on fb not I. Will I be able to merely introduce the photos attached to my son's affidavit into evidence or will he still need to testify in order to introduce? For me to introduce would that mean I would have had to dig up the photos from FB myself and then testify to that fact?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
No, your son's affidavit would be an issue because he is a minor. If you did not see the photos on FB, you need to dig them up and find them so you can testify to that. Otherwise you have to request the judge to allow him to testify and explain how he found them. Usually, if you have copies of the photos and testify you saw those on FB, that is enough for you to get them admitted.

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