Article 9 - Authentication and Identification

Question 1

Rule 901(a) - Authenticating or Identifying Evidence (In General)

Answer 1

To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

Question 2

Rule 901(b) - Authenticating or Identifying Evidence (Examples)

Answer 2

The following are examples only - not a complete list - of evidence that satisfies the requirement:
(1) Testimony of a Witness with Knowledge.
(2) Nonexpert Opinion About Handwriting.
(3) Comparison by an Expert Witness or the Trier of Fact.
(4) Distinctive Characteristics and the Like.
(5) Opinion About a Voice.
(6) Evidence About a Telephone Conversation.
(A) Particular person.
(B) Particular business.
(7) Evidence About Public Records
(A) Document recorded or filed in a public office as authorized by law.
(B) A purported public record or statement is from the office where kind are kept.
(8) Evidence About Ancient Documents or Data Compilations.
(A) Condition that creates no suspicion about its authenticity.
(B) In a place where, if authentic, it would likely be.
(C) Is at least 20 years old when offered.
(9) Evidence About a Process or System
(10) Methods Provided by a Statute or Rule.

Question 3

Rule 902 - Evidence That is Self Authenticating

Answer 3

The following list (which unlike FRE 901 is exhaustive) requires no extrinsic evidence of authenticity in order to be admitted:

(1) Domestic Public Documents That Are Sealed and Signed.
(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified.
(3) Foreign Public Documents.
(4) Certified Copies of Public Records.
(5) Official Publications.
(6) Newspapers and Periodicals.
(7) Trade Inscriptions and the Like.
(8) Acknowledged Documents.
(9) Commercial paper and Related Documents.
(10) Presumptions Under a Federal Statute.
(11) Certified Domestic Records of a Regularly Conducted Activity.
(12) Certified Foreign Records of a Regularly Conducted Activity.

Question 4

Rule 903 - Subscribing Witness’s Testimony

Answer 4

A subscribing witness’s testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.