Gloria J. Spurlock - Page 12

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               We have compared what purports to be petitioner’s signatures           
          on many of the checks, the time reports, and the letter of                  
          resignation to petitioner’s signatures on her petition and other            
          documents submitted to this Court.  We find that those signatures           
          are identical in all respects, and those items are authenticated            
          pursuant to the general provisions of Fed. R. Evid. 901.                    
               Checks are self-authenticating documents under Fed. R. Evid.           
          902(9).9  United States v. Hawkins, 905 F.2d 1489, 1494 (11th               
          Cir. 1990); United States v. Little, 567 F.2d 346 n.1 (8th Cir.             
          1977).  The copies of checks respondent introduced are not                  
          hearsay or, alternatively, are covered by exceptions to the                 
          hearsay rule.  A check is a negotiable instrument, a legally                
          operative document, and falls within the category of “verbal                
          acts” which are excludable from the hearsay rule.  See Advisory             
          Committee’s Note to Fed. R. Evid. 801(c).  The checks or any                
          notations thereon may also qualify as a statement in documents              
          affecting an interest in property under Fed. R. Evid. 803(15).              
          With respect to the other documents that contain petitioner’s               
          signature, those documents are not hearsay.  See Fed. R. Evid.              





               9Under Fed. R. Evid. 902(9), extrinsic evidence of                     
          authenticity as a condition precedent to admissibility is not               
          required with respect to commercial paper, signatures thereon,              
          and documents relating thereto to the extent provided by general            
          commercial law.                                                             




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