Evidence Chapter 2: Authentication

Rule 901(a): Authenticating or Identifying Evidence

The proponent of evidence must provide sufficient proof to support a finding that the item is what the proponent says it is.

Related to 104(b): Judge can screen this proof and determine whether a reasonable jury could make a determination by POTE.

Need authentication for the printout and authorship.

901(b): Authentication Method Examples

1) Testimony from a witness with knowledge
2) Nonexpert opinion about handwriting
3) Comparison by an expert or trier of fact
4) Distinctive characteristics
5) Opinion about a voice
6) Evidence about a phone conversation
(circumstances show that the person answering is the one called, i.e. self-ID + another method)
7) Evidence about public records
8) Ancient Documents (in an ancient place, no doubts about condition, 20+ yr)

9)Evidence about a process or system
10) Other methods in statute

Self-ID for Authentication

Self ID, by itself, is not sufficient for authentication.
Need another method (voice/handwriting opinion, distinctive characteristics, etc).

Rule 902: Self-Authenticating Evidence

Some evidence does not require extrinsic authentication:
- Sealed and signed public docs
- Signed and certified public docs
- News publications
- Foreign official docs, etc.