Federal Rules of Evidence (Part 9 of 11)
Federal Rules of Evidence (Article IX)
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ARTICLE IX
Authentication and Identification
Rule 901. Requirement of Authentication or Identification
(a) General provision.
The requirement of
authentication or identification as a condition precedent to admissibility is
satisfied by evidence sufficient to support a finding that the matter in
question is what its proponent claims.
(b) Illustrations.
By way of illustration only, and not by way of limitation,
the following are examples of authentication or identification conforming with
the requirements of this rule:
- Testimony of witness with knowledge. Testimony that
a matter is what it is claimed to be.
- Nonexpert opinion on handwriting. Nonexpert opinion
as to the genuineness of handwriting, based upon familiarity not
acquired for purposes of the litigation.
- Comparison by trier or expert witness. Comparison
by the trier of fact or by expert witnesses with specimens which have
been authenticated.
- Distinctive characteristics and the like.
Appearance, contents, substance, internal patterns, or other distinctive
characteristics, taken in conjunction with circumstances.
- Voice identification. Identification of a voice,
whether heard firsthand or through mechanical or electronic transmission
or recording, by opinion based upon hearing the voice at any time under
circumstances connecting it with the alleged speaker.
- Telephone conversations. Telephone conversations,
by evidence that a call was made to the number assigned at the time by
the telephone company to a particular person or business, if (A) in the
case of a person, circumstances, including self-identification, show the
person answering to be the one called, or (B) in the case of a business,
the call was made to a place of business and the conversation related to
business reasonably transacted over the telephone.
- Public records or reports. Evidence that a writing
authorized by law to be recorded or filed and in fact recorded or filed
in a public office, or a purported public record, report, statement, or
data compilation, in any form, is from the public office where items of
this nature are kept.
- Ancient documents or data compilation. Evidence
that a document or data compilation, in any form, (A) is in such
condition as to create no suspicion concerning its authenticity, (B) was
in a place where it, if authentic, would likely be, and (C) has been in
existence 20 years or more at the time it is offered.
- Process or system. Evidence describing a process or
system used to produce a result and showing that the process or system
produces an accurate result.
- Methods provided by statute or rule. Any
method of authentication or identification provided by Act of Congress
or by other rules prescribed by the Supreme Court pursuant to statutory
authority.
Rule 902. Self-authentication [Proposed Amendment]
Extrinsic evidence of authenticity as a condition
precedent to admissibility is not required with respect to the following:
- Domestic public documents under seal. A document
bearing a seal purporting to be that of the United States, or of any State,
district, Commonwealth, territory, or insular possession thereof, or the
Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a
political subdivision, department, officer, or agency thereof, and a
signature purporting to be an attestation or execution.
- Domestic public documents not under seal. A document
purporting to bear the signature in the official capacity of an officer or
employee of any entity included in paragraph (1) hereof, having no seal, if
a public officer having a seal and having official duties in the district or
political subdivision of the officer or employee certifies under seal that
the signer has the official capacity and that the signature is genuine.
- Foreign public documents. A document purporting to be executed or
attested in an official capacity by a person authorized by the laws of a foreign country
to make the execution or attestation, and accompanied by a final certification as to the
genuineness of the signature and official position (A) of the executing or attesting
person, or (B) of any foreign official whose certificate of genuineness of signature and
official position relates to the execution or attestation or is in a chain of certificates
of genuineness of signature and official position relating to the execution or
attestation. A final certification may be made by a secretary of an embassy or legation,
consul general, consul, vice consul, or consular agent of the United States, or a
diplomatic or consular official of the foreign country assigned or accredited to the
United States. If reasonable opportunity has been given to all parties to investigate the
authenticity and accuracy of official documents, the court may, for good cause shown,
order that they be treated as presumptively authentic without final certification or
permit them to be evidenced by an attested summary with or without final certification.
- Certified copies of public records. A copy of an
official record or report or entry therein, or of a document authorized by
law to be recorded or filed and actually recorded or filed in a public
office, including data compilations in any form, certified as correct by the
custodian or other person authorized to make the certification, by
certificate complying with paragraph (1), (2), or (3) of this rule or
complying with any Act of Congress or rule prescribed by the Supreme Court
pursuant to statutory authority.
- Official publications. Books, pamphlets, or other
publications purporting to be issued by public authority.
- Newspapers and periodicals. Printed materials
purporting to be newspapers or periodicals.
- Trade inscriptions and the like. Inscriptions, signs,
tags, or labels purporting to have been affixed in the course of business
and indicating ownership, control, or origin.
- Acknowledged documents. Documents accompanied by a
certificate of acknowledgment executed in the manner provided by law by a
notary public or other officer authorized by law to take acknowledgments.
- Commercial paper and related documents. Commercial
paper, signatures thereon, and documents relating thereto to the extent
provided by general commercial law.
- Presumptions under Acts of Congress. Any
signature, document, or other matter declared by Act of Congress to be
presumptively or prima facie genuine or authentic.
- Certified domestic records of regularly conducted activity. The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration of its custodian or other qualified person, in a manner complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority, certifying that the record
(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.
- Certified foreign records of regularly conducted activity. In a civil case, the original or a duplicate of a foreign record of regularly conducted activity that would be admissi¬ble under Rule 803(6) if accompanied by a written declaration by its custodian or other qualified person certifying that the record
(A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice. The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.
Rule 903. Subscribing Witness' Testimony Unnecessary
The testimony of a subscribing witness is not necessary to
authenticate a writing unless required by the laws of the jurisdiction whose
laws govern the validity of the writing.
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