Authentication (901-903)

What is the basic rule of authentication? (901)

To authenicate/identify an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what they claim it is

What is the standard of proof for authentication?

Rational jury could that the evidence is what the proponent claims it is;

If exhibit is admissible, what can attorneys still argue about?

The weight that such evidence should be given by a jury

What are common bases for authentication?

1. Testimony of witness of knowledge

2. Non-expert opinion on handwriting

3. Comparison by trier or expert witness

4. Distinctive characteristics

5. Voice identification (by person or machine)

6. Phone conversations

7. Public records/reports

8. Ancient documents/data compliation

9. Process/system

10. Methods provided by statute or rule

What is self-authentication? (902)

Requires no extrinsic evidence of authenticity to be admitted; often public documents

What are common self-authenticating documents?

1. Domestic public documents under seal

2. Domestic public documents not under seal

3. Foreign public documents

4. Certified copies of public records

5. Official publications

6. Newspapers and epriodicals

7. Trade inscriptions and the like

8. Acknowledged documents

9. Commercial appear and related documents

10. Presumptions under Acts of Congress

11. Certified domestic records of regularly conducted activity

12. Certified foreign records of regularly conducted activity

13. Certified records generated by an electronic process

14. Certified data copied from an electronic device, stage medium, or file

Is testimony of a subscribing witness (person who witnesses the signatures?) necessary? (903)

only if required by law of the jurisdiction that governs its validity (ex. govt official who prepare a cover sheet indicating the record is true and accurate)