Case of the Day: Starski v. Kirzhnev

I chose the case of the day, Starski v. Kirzhnev (D. Mass. 2011), because it involves an area of international judicial cooperation we haven’t yet considered, namely, proof of the authenticity of a foreign official document so that it can be admitted in evidence in US proceedings.

Vietnam owed a debt to Russia. Starski had connections in the Vietnamese government, and Kirzhnev had contracts in the Russian government. Starski’s claim was that he had a contract with Kirzhnev under which Kirzhnev was to use his contacts to facilitate a debt-swap transaction between the two countries. Upon the occurrence of the transaction, Kirzhnev was to pay Starski a commission. The transaction went through, but Starski alleged that Kirzhnev never paid. He sued him for breach of contract.

Before trial, the parties sparred over the admissibility in evidence of what purported to be a copy of an official document from the Moscow City Court evidencing Kirzhnev’s conviction on charges of bribing an official, illegal border crossing, and forgery. Starski sought to use the document to impeach Kirzhnev’s character for truthfulness. The court held that the document was inadmissible.

The case was tried to a jury, which found that there was no contract between the parties. The court entered judgment on on the verdict for Kirzhnev. Starski moved for a new trial on the grounds that the court had erred by excluding the evidence of Kirzhnev’s supposed criminal conviction. The court denied the motion, finding, as it had previously, that the document was not properly authenticated.

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