A writing must be authenticated before it is admissible. It can be authenticated by testimony of a witness who saw the document signed or who is familiar with the signature on the document, or by the introduction of an admittedly genuine specimen of the signer's signature. Certain types of documents are self-authenticating under the Rules, meaning no witness is required.
A writing may be authenticated circumstantially because it contains information known only to the author, because it was over twenty (20) years old and taken from a place of proper custody, or because it was in reply to an earlier document.
A duplicate is a photographic reproduction of the original and is admissible to the same extent as the original, unless there is a genuine question of the authenticity of the original, or if it would be unfair to admit the duplicate.
Objects which do not have any identifying characteristics must be authenticated by proving a chain of custody from the point at which the object became relevant to the time of trial.
A photograph is admissible upon testimony that it fairly and accurately depicts a relevant event. The photographer is not required to so testify; any witness may testify.
A telephone voice of an individual is authenticated by testimony either that the witness recognized the voice, or that the witness called the number listed to that individual and the call was answered by a person identifying himself as that individual, or the witness called a business number and talked to someone on the other end about the business. A telephone voice of an individual is not authenticated if the witness does not recognize the voice and the person calls the witness and identifies himself.
A lay witness cannot testify to the genuineness of a signature solely on the basis of comparing the signature in question to an admittedly genuine signature, but a handwriting expert can.
Familiarity with a signature by a witness, even at a distant time, is all that is required to authenticate the signature. |
