901(b) Authentication Examples

Question 1

(1) Testimony of a Witness with Knowledge.

Answer 1

Testimony that an item is what it is claimed to be.

Question 2

(2) Nonexpert Opinion About Handwriting

Answer 2

A nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.

Question 3

(3) Comparison by an Expert Witness or the Trier of Fact

Answer 3

A comparison with an authenticated specimen by an expert witness or the trier of fact.

Question 4

(4) Distinctive Characteristics and the Like

Answer 4

The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.

Question 5

(5) Opinion About a Voice

Answer 5

An opinion identifying a person’s voice — whether heard firsthand or through mechanical or electronic transmission or recording — based on hearing the voice at any time under circumstances that connect it with the alleged speaker.

Question 6

(6) Evidence About a Telephone Conversation

Answer 6

For a telephone conversation, evidence that a call was made to the number assigned at the time to:
(A) a particular person, if circumstances, including self-identification, show that the person answering was the one called; or
(B) a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.

Question 7

(7) Evidence About Public Records

Answer 7

Evidence that:
(A) a document was recorded or filed in a public office as authorized by law; or
(B) a purported public record or statement is from the office where items of this kind are kept.

Question 8

(8) Evidence About Ancient Documents or Data Compilations

Answer 8

For a document or data compilation, evidence that it:
(A) is in a condition that creates no suspicion about its authenticity;
(B) was in a place where, if authentic, it would likely be; and
(C) is at least 20 years old when offered.

Question 9

(9) Evidence About a Process or System

Answer 9

Evidence describing a process or system and showing that it produces an accurate result.

Question 10

(10) Methods Provided by a Statute or Rule

Answer 10

Any method of authentication or identification allowed by a federal statute or a rule prescribed by the Supreme Court.