Federal Rule of Evidence 901
Definition
The US authentication rule requiring that evidence be supported by proof sufficient to show it is what the proponent claims. Applied to digital evidence through testimony, metadata, chain of custody documentation, and hash verification. No mandatory certificate equivalent.
- Jurisdiction
- United States federal courts
- Governs
- Authentication of evidence
- Digital evidence tools
- Testimony, metadata, chain of custody, hash values
- Certificate equivalent
- None mandatory
Common questions
How does Rule 901 authentication differ from a mandatory certification scheme like those used elsewhere for digital evidence?+
Rule 901 only requires proof sufficient for a reasonable jury to find the evidence is what it is claimed to be, decided case by case through testimony or technical indicators like hash values, rather than requiring a fixed statutory certificate as some other jurisdictions' evidence rules do for electronic records.
Can a hash value alone satisfy Rule 901 authentication for digital evidence?+
A matching hash is strong supporting evidence that a file has not been altered since acquisition, but it is typically presented alongside witness testimony about the acquisition process and chain of custody rather than standing alone, since the hash confirms integrity, not the circumstances of origin.
Related terms
- Anvar P.V. V. P.K. Basheer (2014)
- Indian Supreme Court decision holding that electronic records are secondary evidence and can only be admitted with a Section 65B certificate. Overruled...
- Arjun Panditrao Khotkar (2020)
- Indian Supreme Court decision confirming that the certificate is a condition precedent to admissibility. A court cannot waive the requirement but can...
- Hash Value Verification
- A mathematical technique used to confirm that a digital file has not been altered. A cryptographic hash (typically SHA-256 or MD5) is...
- Rebuttable Presumption of Computer Reliability
- The English and Welsh approach following the repeal of Section 69 PACE: courts presume computers function correctly unless the party challenging the...
- Section 65B Certificate (Indian Evidence Act / BSA 2023)
- A signed statement by a responsible official certifying that an electronic record was produced by a computer in regular use during the...