Authentication

Question 1

What is authentication requirement?

Answer 1

Authentication is a condition precedent to admissibility, which requires sufficient evidence to support a finding that the matter in question is what its proponents claim it to be

Question 2

What is sufficient evidence for authentication purposes?

Answer 2

Sufficient evidence is that which a reasonable person could find the evidence genuine by a preponderance of the evidence

Question 3

Who makes determination regarding authentication?

Answer 3

Judge determines admissibility
Jury determines weight

Question 4

What type of evidence needs to be authenticated?

Answer 4

Generally only tangible evidence needs to be authenticated

Question 5

What are methods of authentication?

Answer 5

Direct evidence: someone with personal knowledge of, or familiarity with the item or a “custodian of records” must testify to authenticate

Circumstantial evidence: may be authenticated by chain of custody, ancient documents rule or other distinctive characteristics

Question 6

What is extrinsic authentication?

Answer 6

Authentication where sponsoring witness is required

Question 7

How may handwriting be authenticated?

Answer 7

1. Layperson with familiarity
2. comparison by an expert
3. comparison by tried of fact

Question 8

What are requirements for voice authentication?

Answer 8

1. All voices must be identified when a phone conversation or recording is offered into evidence
2. Opinion of a person who has heard the speaker at any time, even if familiarity is acquired for litigation

Question 9

When is extrinsic evidence of authenticity not required?

Answer 9

1. certified documents
2. official publications
3. newspapers and periodicals
4. trade inscriptions
5. acknowledged documents
6. commercial paper