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Authentication

Authentication & Foundation

The process of proving that evidence is what it purports to be before it can be admitted at trial.

What You Need to Know

Authentication means providing a basis to find that an item is what the proponent claims. Federal Rule of Evidence 901 gives examples of methods; Rule 902 identifies categories that can be self-authenticating, including certain certified electronic records and copied data. Authentication does not resolve every other admissibility issue.

Put this into practice

Use the step-by-step help to prepare and check your files. Definitions explain the terms; the rules and orders for your matter determine what is required.

Check the finished documents before filing

Relevant Practice Areas

Trial PreparationEvidence LawCivil LitigationCriminal Defense

Frequently Asked Questions

How do I authenticate exhibits for trial?

Authentication methods include: (1) witness testimony ("I recognize this as the contract I signed"), (2) business records declaration showing the document was created in regular course of business, (3) admission by opposing party, (4) comparison with authenticated documents, or (5) self-authentication for public records, certified copies, or notarized documents. Consult Federal Rules of Evidence 901-902 or your state evidence code.

Are emails self-authenticating?

An email is not self-authenticating merely because it was printed. Depending on the record and the required certification and notice, Federal Rule of Evidence 902(13) or (14) may provide an authentication route for electronic material. Other routes under Rule 901 may apply. Authentication and hearsay are separate questions.

Do exhibit stamps help with authentication?

Exhibit stamps identify documents but do not authenticate them. Authentication requires proof the document is genuine per FRE 901. However, properly marked exhibits with clear identification help establish chain of custody and reduce confusion about which version of a document is being offered into evidence.

When It's Used

Required under Federal Rule of Evidence 901

Example

"Authenticating an email by having the sender testify they wrote and sent it, or through metadata showing it came from their email account."

References to check

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