- 12 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011