Fed. R. Evid. 901 (Authenticating or Identifying Evidence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Fed. R. Evid. 901.
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(a)IN GENERAL. To satisfy the requirement of authenticating or
identifying an item of evidence, the proponent must produce evi-
dence sufficient to support a finding that the item is what the pro-
ponent claims it is.
(b)EXAMPLES. The following are examples only—not a complete
list—of evidence that satisfies the requirement:
(1)Testimony of a Witness with Knowledge. Testimony that an
item is what it is claimed to be.
(2)Nonexpert Opinion About Handwriting. A nonexpert’s opin-
ion that handwriting is genuine, based on a familiarity with it
that was not acquired for the current litigation.
(3)Comparison by an Expert Witness or the Trier of Fact. A
comparison with an authenticated specimen by an expert wit-
ness or the trier of fact.
(4)Distinctive Characteristics and the Like. The appe
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(a) IN GENERAL. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evi- dence sufficient to support a finding that the item is what the pro- ponent claims it is. (b) EXAMPLES. The following are examples only—not a complete list—of evidence that satisfies the requirement: (1) Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed to be. (2) Nonexpert Opinion About Handwriting. A nonexpert’s opin- ion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation. (3) Comparison by an Expert Witness or the Trier of Fact. A comparison with an authenticated specimen by an expert wit- ness or the trier of fact. (4) Distinctive Characteristics and the Like. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the cir- cumstances. (5) Opinion About a Voice. An opinion identifying a person’s voice—whether heard firsthand or through mechanical or elec- tronic transmission or recording—based on hearing the voice at any time under circumstances that connect it with the al- leged speaker. (6) Evidence About a Telephone Conversation. For a telephone conversation, evidence that a call was made to the number as- signed at the time to: (A) a particular person, if circumstances, including self- identification, show that the person answering was the one called; or (B) a particular business, if the call was made to a busi- ness and the call related to business reasonably transacted over the telephone. (7) Evidence About Public Records. Evidence that: (A) a document was recorded or filed in a public office as authorized by law; or (B) a purported public record or statement is from the office where items of this kind are kept. (8) Evidence About Ancient Documents or Data Compilations. For a document or data compilation, evidence that it: (A) is in a condition that creates no suspicion about its authenticity; (B) was in a place where, if authentic, it would likely be; and (C) is at least 20 years old when offered. (9) Evidence About a Process or System. Evidence describing a process or system and showing that it produces an accurate re- sult. (10) Methods Provided by a Statute or Rule. Any method of au- thentication or identification allowed by a federal statute or a rule prescribed by the Supreme Court.