19-17-1 (Rule 901) Authenticating or identifying evidence generally.
19-17-1.
(Rule 901) Authenticating or identifying evidence generally.
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. 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 section:
(1)
Testimony of a witness with knowledge that a matter is what it is claimed to be.
(2)
Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not
acquired for purposes of the litigation.
(3)
Comparison by the trier of fact or by expert witnesses with specimens which have been
authenticated.
(4)
Appearance, contents, substance, internal patterns, or other distinctive characteristics,
taken in conjunction with circumstances.
(5)
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.
(6)
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.
(7)
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.
(8)
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 twenty years or more at the time it is offered.
(9)
Evidence describing a process or system used to produce a result and showing that the
process or system produces an accurate result.
(10)
Any method of authentication or identification provided by a statute or by other rules
prescribed by the Supreme Court pursuant to statutory authority.
Source: Supreme Court Rule 78-2, Rule 901.
Chapter 19-17