Article IX Authentication and Identification Flashcards
RULE 901: Authenticating or Identifying Evidence
(A) In General. 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.(B) Examples. The following are examples only - not a complete list - of evidence that satisfies the requirement: Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be. Nonexpert Opinion About Handwriting. A nonexpert’s opinion that handwriting is genuine, based on familiarity with it that was not acquired for the current litigation. Comparison by an Expert Witness or the Trier of Fact. A comparision with an authenticated specimen by an expert witness or the trier of facte
RULE 901: Authenticating or Identifying Evidence continued…
Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or the other distinctive characteristics of the item, taken together with all the circumstances. Opinion About a Voice. 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. Evidence About a Telephone Conversation. For a telephone conversation, evidence that a call was made to the number assigned at the time to: a particular person, if the circumstances including self-identifcation, show that the person answering was the one called; or a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.
RULE 901: Authenticating or Identifying Evidence continued…
Evidence About Public Records. Evidence that: a document was recorded or filed in a public office as authorized by law; or a purported public record or statement is from the office where items of this kind are kept. Evidence About Ancient Documents or Data Compilations. For a document or data compilations, evidence that it: is in a condition that creates no suspicion about its authenticity; was in a place where, if authentic, it would likely be; and is at least 20 years old when offered.
RULE 901: Authenticating or Identifying Evidence continued…
Evidence About a Process or Systems. Evidence describing a process or system and showing that it produces an accurate result. Methods Provided by a Statute or Rule. Any method of authentication or identification allowed by a federal statute or a rule prescribed by the Supreme Court.
RULE 902: Evidence That Is Self-Authenticating
The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:(1) Domestic Public Documents That Are Sealed and Signed. a seal purporting to be that of the United States, etc. a signature purporting to be execution or attestation(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified. A document that bears no seal if: it bears the signature of an officer or employee (Rule 902(1)(A)); and another public officer who has a seal and official duties within that same entity certifies under seal that the signer has the official capacity and that the signature is genuine.
RULE 902: Evidence That Is Self-Authenticating continued…
(3) Foreign Public Documents. A document that purports to be signed or attested by a person who is authorized by a foreign country’s law to do so. The document must be accompanied by a final certification (ex. a secretary of the United States embassy). If all parties have been given reasonable opportunity to investigate the doucment’s authenticity and accuracy the court may for good cause either: order that it be treated as presumptively authentic without final certification; or allow it to be evidenced by an attested summary with or without final certification
RULE 902:Evidence That Is Self-Authenticating continued…
(4) Certified Copies of Public Records. A copy of an official record or a copy of a document that was recorded or filed in a public office as authorized by law if the copy is certified as correct by: the custodian or another person authorized to make the certification; or a certificate that complies with Rule 902(1), (2), or (3), a federal statute, or a rule prescribed by the Supreme Court(5) Official Publications. A book, pamphlet, or other publication purporting to be issued by a public authority.(6) Newpapers and Periodicals. Printed material purporting to be a newspaper or periodical.
RULE 902:Evidence That Is Self-Authenticating continued…
(7) Trade Inscriptions and the Like. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.(8) Acknowledged Documents. A document accompanied by a certificate of acknowledgement that is lawfully executed by a notary public or another officer who is authorized to take acknowledgements.(9) Commercial Paper and Related Documents. Commercial paper, a signature on it, and related documents, to extent allowed by general commercial law.
RULE 902:Evidence That Is Self-Authenticating continued…
(10) Presumptions Under a Federal Statute. A signature, document, or anything else that a federal statute declares to be presumptively or prima facie genuine or authentic.(11) Certified Domestic Records of a Regularly Conducted Activity. The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown a certification of the custodian or another qualified person that complies with a federal statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the proponent must be give an adverse party reasonable written notice of the intent to offer the record and must make the record and certification available for inspection so that the party has fair opportunity to challenge them.
RULE 902: Evidence That Is Self-Authenticating continued…
(12) Certificate Foreign Records of a Regularly Conducted Activity. In a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11), modified as follows: the certification must be signed as to not subject the maker to a criminal penalty in the country where the certifcation is signed. Must meet notice requirement of Rule 902(11).
RULE 903: Subscribing Witness’s Testimony
A subscribing witness’s testimony is necessary to authenticating a writing only if required by law of the jurisdiction that governs its validity.
