Authentication (Evidence)
Authentication is the evidentiary requirement under FRE 901 that proponent must produce sufficient proof to support finding that item is what proponent claims it to be.
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Exam Tip
Authentication = "Is it what they say it is?" Low bar - enough for jury to reasonably find genuine.
What is Authentication?
FRE 901(a): Proponent must produce evidence sufficient to support finding that item is what claimed.
Common Methods (FRE 901(b))
| Method | Description |
|---|---|
| Witness with Knowledge | Testimony it's what claimed |
| Distinctive Characteristics | Appearance, contents, circumstances |
| Voice Identification | Opinion based on hearing voice |
| Ancient Documents | 20+ years old, found naturally |
Self-Authenticating (FRE 902)
| Category | Example |
|---|---|
| Public Documents Under Seal | Court orders |
| Certified Public Records | Birth certificates |
| Newspapers | Published newspapers |
| Business Records Certified | Records with certification |
Chain of Custody
Not absolute - gaps affect weight, not admissibility.
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