What is authentication and identification?
Authentication is accomplished by laying a foundation of preliminary evidence sufficient to sustain a finding that the matter is what it purports to be.
FRE 901.
What types of evidence is there?
- Tangible evidence:
a. Real evidence
b. Demonstrative evidence
c. Scientific evidence
How are physical objects authenticated?
- By testimony of personal knowledge showing familiarity with the object;
- By distinctive markings or characteristics; or
- By chain of custody.
What is the ancient document rule?
Where a writing has been in existence for a long time, circumstantial evidence is required to authenticate it.
A document or data compilation is sufficiently authenticated as an ancient document if the party who offers it satisfies the judge that the evidence 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.
How are documents authenticated?
Someone who had first-hand knowledge of the document:
- custodian
- one who prepared it
- eyewitness to the signing
- opinion by expert
- jury
How is handwriting authenticated?
- Layperson with familiarity
- Comparison by an expert
- Comparison by the trier of fact.
How does voice identification work?
All voices must be identified when a phone conversation or recording is offered into evidence.
Generally, direct evidence is offered by testimony of a witness who recognizes the voice.
How are telephone calls authenticated?
For a telephone conversation, evidence that a call was made to the number assigned at the time to:
- a particular person, if circumstances, including self-identification, 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 phone.
How is scientific devices or systems authenticated?
Evidence regarding the accuracy of the process or system is required. An expert may testify to describe how a scientific or technical method produces a specific result and may show how such a process is accurate.
What is self-authentication?
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
- Certified documents
- Official publications
- Newspapers and periodicals
- Trade inscriptions
- Acknowledged documents
- Commercial paper
FRE 902
Is a subscribing witness’s testimony necessary?
A subscribing witness’s testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.
FRE 903.
