LA Bar Evidence 3 — Questions and Answers
Question 1: Under Louisiana Code of Evidence Article 702, expert testimony is properly admitted when:
- The expert holds a formal academic degree in the relevant field
- Scientific, technical, or other specialized knowledge will assist the trier of fact to understand or decide a fact in issue (Correct answer)
- The expert's opinion is derived solely from personal observation at the scene
- Both parties stipulate to the expert's qualifications before trial
Correct answer: Scientific, technical, or other specialized knowledge will assist the trier of fact to understand or decide a fact in issue
Article 702 permits expert testimony whenever specialized knowledge—regardless of how acquired—will help the trier of fact understand the evidence or determine a fact in issue.
Question 2: The best evidence rule under Louisiana law requires production of the original writing when:
- The document is more than ten years old
- The contents of a writing, recording, or photograph are directly at issue in the case (Correct answer)
- The opposing party requests the original at any point before trial
- The document was generated by a government agency or notarized
Correct answer: The contents of a writing, recording, or photograph are directly at issue in the case
Louisiana's best evidence rule applies when a party seeks to prove the terms or contents of a writing, recording, or photograph, requiring production of the original absent a valid excuse.
Question 3: Under Louisiana law, authentication of a document or item of evidence requires:
- Notarization by a licensed Louisiana notary public
- Evidence sufficient to support a finding that the item is what the proponent claims it to be (Correct answer)
- Testimony from the person who personally created the document
- Laboratory or forensic analysis confirming the item's origin
Correct answer: Evidence sufficient to support a finding that the item is what the proponent claims it to be
Authentication under LCE Article 901 requires only that the proponent produce evidence sufficient for the factfinder to conclude the item is what is claimed—no single method is mandated.
Question 4: A lay witness in Louisiana may offer opinion testimony that is:
- About any matter within the common knowledge of the general public
- Rationally based on the witness's own perception and helpful to the clear understanding of testimony or determination of a fact in issue (Correct answer)
- On complex technical matters if the witness works in that industry, without expert qualification
- Permitted only after the court formally qualifies the witness to give opinions
Correct answer: Rationally based on the witness's own perception and helpful to the clear understanding of testimony or determination of a fact in issue
LCE Article 701 allows lay witness opinions that are rationally grounded in personal perception and helpful to the trier of fact, without requiring formal expert qualification.
Question 5: Under Louisiana Code of Evidence Article 901(B)(5), which of the following properly authenticates a telephone call?
- The caller's own assertion of their identity, standing alone
- Voice identification by a witness who is familiar with the speaker's voice from prior contact (Correct answer)
- Proof only that a phone was physically connected to the number dialed
- A sworn affidavit from the telephone carrier confirming the call was placed
Correct answer: Voice identification by a witness who is familiar with the speaker's voice from prior contact
Voice identification by a witness who recognizes the speaker's voice from sufficient prior familiarity is an acceptable authentication method under Article 901(B)(5).
Question 6: Under Louisiana law, the ancient documents exception to hearsay applies to documents that are:
- More than fifty years old and certified by a court
- At least twenty years old, found in a place where they would likely be kept if authentic, with no suspicious circumstances (Correct answer)
- Executed before a notary public regardless of age
- Certified by the Louisiana Secretary of State as genuine
Correct answer: At least twenty years old, found in a place where they would likely be kept if authentic, with no suspicious circumstances
LCE Article 803(16) allows statements in documents at least twenty years old if found in a place of natural custody and lacking suspicious circumstances suggesting inauthenticity.
Question 7: Under Louisiana Code of Evidence Article 403, relevant evidence should be excluded when its probative value is:
- Less than the probative value of evidence the opposing party offers on the same point
- Substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury (Correct answer)
- Not dispositive of any ultimate issue in the case
- Cumulative of at least one other item of evidence already admitted
Correct answer: Substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury
Article 403 permits exclusion only when unfair prejudice or related dangers substantially outweigh probative value—relevant evidence is presumed admissible.
LA Bar Evidence 3
Under Louisiana Code of Evidence Article 702, expert testimony is properly admitted when: