Authentication (FRE 901)
Definition
The US requirement that a party offering evidence produce sufficient proof to support a finding that the item is what they claim. For digital multimedia, this means establishing the reliability of the recording system and the integrity of the chain of custody.
- Rule
- US Federal Rule of Evidence 901
- Standard
- Sufficient proof to support a finding of authenticity
- Burden on
- The party offering the evidence
- For multimedia
- Reliability of recording system plus chain of custody
Common questions
Does FRE 901 require proof beyond a reasonable doubt that evidence is authentic?+
No. It is a comparatively low threshold: enough evidence that a reasonable jury could find the item is what it is claimed to be. The jury still ultimately weighs authenticity along with everything else.
Who has to establish authenticity under FRE 901?+
The party seeking to introduce the evidence carries that burden, typically through witness testimony about the recording process or expert testimony about the file's technical characteristics.
Related terms
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- Frye Standard
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- PACE Section 78
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