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Federal Rules of Evidence: Article IX

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Rule 901(a) - Requirement for Authentication or Identification

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To be admitted as evidence, an item must be shown to be what its proponent claims it is.

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Rule 901(b)(1) - Testimony of a Witness with Knowledge

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A witness with personal knowledge can authenticate an item by testifying that it is what it is claimed to be.

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Rule 902(1) - Self-authentication: Domestic Public Documents Under Seal

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Domestic public documents under seal are self-authenticating, requiring no extrinsic evidence of authenticity.

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Rule 901(b)(5) - Opinion About a Voice

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Opinion identifying a person's voice, whether heard firsthand or through mechanical or electronic transmission or recording, can be used for authentication.

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Rule 901(b)(7) - Public Records or Reports

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Evidence can be authenticated by showing a record or report has been made by a public office where items of this nature are kept.

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Rule 902(2) - Self-authentication: Domestic Public Documents Not Under Seal

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Domestic public documents not under seal are self-authenticating if they bear a signature purporting to be an execution or attestation.

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Rule 901(b)(3) - Comparison by an Expert Witness or the Trier of Fact

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A comparison of the evidence to authenticated specimens by an expert witness or the trier of fact can serve as authentication.

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Rule 901(b)(8) - Ancient Documents or Data Compilation

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For documents or data compilations over 20 years old, authenticity is established if they are in a condition likely to create no suspicion and have been stored in a place they would likely be if authentic.

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Rule 901(b)(9) - Process or System

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Authentication is established by showing that a process or system that produces a result was operating properly.

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Rule 901(b)(10) - Methods Provided by Statute or Rule

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Authentication can be done by any method approved by a United States statute or a rule prescribed by the Supreme Court.

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Rule 902(4) - Self-authentication: Certified Copies of Public Records

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Certified copies of public records are self-authenticating and do not require additional evidence for authenticity.

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Rule 901(b)(2) - Nonexpert Opinion on Handwriting

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Nonexpert opinion on the authenticity of handwriting can be used for authentication based on familiarity not acquired for trial purposes.

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Rule 901(b)(6) - Telephone Conversations

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A call to a number assigned to a particular person or business and answered by that person or business can be authenticated by the circumstances.

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Rule 901(b)(4) - Distinctive Characteristics and the Like

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Appearance, contents, substance, internal patterns, or other distinctive characteristics taken together with all the circumstances can authenticate an item.

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