Rule 901-902

Question 1

Rule 901

Answer 1

Authentication – answers the question: is the evidence what the proponent claims it is?

Authentication is a matter of conditional relevance

Conditional relevance = “Is there enough that a jury could find…”

The evidence that goes towards finding “if the jury could find…” must be admissible

Ideal chain of custody is an unbroken one but not necessary

Proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is

Question 2

Rule 902

Answer 2

Lists examples of evidence that is self-authenticating

Question 3

Authenticating photographs

Answer 3

The essential test of whether photographs are admissible is whether the photographs accurately represent the facts allegedly portrayed in them

The applicable authority does not require the testimony of the photographer to lay a foundation for the admission of a photograph to show damage to an automobile resulting from an accident

Question 4

Authenticating phone calls

Answer 4

Evidence that a call was made to the number assigned at the time to:

• A particular person, including self-authentication, to 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.

Question 5

Authenticating evidence about ancient documents

Answer 5

At least 20 years old

Is in a condition that creates no suspicion about authenticity

Was in a place where, if authentic, it would be likely

Question 6

Authenticating evidence about process or system

Answer 6

Describing process and showing that it produces accurate results

Question 7

Authenticating opinion about voice

Answer 7

Can be heard first-hand or through mechanical transmission

Question 8

Authenticating distinctive characteristic and the like

Answer 8

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