Authentication
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 establishes the genuineness of exhibits per Federal Rules of Evidence 901. Methods include: witness testimony identifying the document, business records foundation showing regular creation and maintenance, or self-authenticating documents like certified public records. In federal court, FRE 902 lists 12 categories of self-authenticating evidence including certified copies, official publications, and acknowledged documents.
Legal References
- Federal Rules of Evidence 901 - Authenticating or Identifying Evidence
- Federal Rules of Evidence 902 - Evidence That Is Self-Authenticating
- California Evidence Code §1400-1454 - Authentication provisions
Relevant Practice Areas
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?
No. Emails require authentication through witness testimony, metadata analysis, or business records foundation. Simply producing an email printout is insufficient. The authenticating witness must testify about how they received the email, how they saved it, and that it is a true and accurate copy.
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."
Legal References
- •Federal Rules of Evidence 901
- •Federal Rules of Evidence 902
Related Terms
Foundation
The preliminary showing required before evidence can be admitted. Establishes relevance, authenticity, and reliability.
Chain of Custody
Documentation showing who had possession of evidence and when, from collection through presentation at trial.
Admissibility
Whether evidence meets legal requirements to be presented to the judge or jury.
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