Intro to the Federal Rules of Evidence - 27

d. Some examples of methods of authentication (FRE 901(b))
FRE 901(b) lists examples that relate for the most part to documents, with some attention given to voice recognition and computer printouts.

i) Admissions

ii) Testimony of eyewitness

iii) Handwriting verifications
1) Non-expert opinion (FRE 901(b)(2))
2) Comparison of writings (FRE 901(b)(3))

iv) Voice identification (FRE 901(b)(5))
The most common identification of a speaker.

v) Process or system (FRE 901(b)(9))
For example, tape recordings are authenticated most commonly under FRE 901(b)(9). It is generally sufficient to establish the identity of a speaker and to show that the device was capable of making a true recording and was in goo order, the operator was qualified to operate it and did so properly, no changes were made in the recording, and the tape was properly preserved.

vi) Photographs, videotapes
Although photographs are most commonly authenticated under FRE 901(b)(1) by testimony of a witness with knowledge, they can also be authenticated under FRE 901(b)(9) by showing the process by which they were made. Use of the latter provision is generally required for photographs offered under the silent witness doctrine.



EXAMPLE 1
Q (LAWYER): Mr. Smith, did you see the robbery that happened in the parking lot on the northeast corner of Main and Elm Streets on June 1, 2005 at 8:00 in the evening?
A: I sure did. I was right in my attendant booth.
Q: Do you remember how the lot looked at the time?
A: Sure.
Have the exhibit marked, show it to the opposing counsel, ask permission to approach the witness, and show the exhibit to the witness.
Q: I’m showing you what was just marked State’s Exhibit No. 2. Take a look at it for a moment. [Witness looks at it.] Does that diagram fairly and accurately show the layout of the parking lot as it looked on June 1, 2005?
A: Yes.
Q: Would using this diagram help you in explaining what you saw, heard, and did when the robbery happened?
A: I sure would.
LAWYER: Your honor, we offer State’s Exhibit No.2.
OPPOSING LAWYER: No objection, your honor.
JUDGE: State’s Exhibit No. 2 is admitted.

EXAMPLE 2
Q (LAWYER): Dr. Williams, you’re the doctor who treated Jane Curtis?
A: Yes.
Q: You did the surgery on her lower left leg?
A: Yes.
Q: As part of your treatment of Ms. Curtis, did you have x-rays taken?
A: Yes, both before and after the surgery.
Have the exhibit marked, show it to opposing counsel, ask permission to approach the witness, and show the exhibits to the witness.
Q: Dr. Williams, I’m handing you six x-rays marked Plaintiff’s Group Exhibit No. 6A through 6F. please examine them for a moment. [Doctor looks at x-rays.] Do you recognize them?
A: Yes, I do.
Q: What do you recognize them to be?
A: These are the x-rays I had taken of Ms. Curtis the day I performed the surgery on her lower left leg. 6A through 6C are the x-rays before the surgery and 6D through 6F are the postsurgery x-rays.
Q: How is it you know that these are in fact the x-rays of Ms. Curtis taken on June 1, 2005?
A: I examined her. I know the condition of her leg and what fractures she had. I did the surgery and I know the pins and screws I used to repair the fractures.
Q: Was the x-ray machine in proper working order?
A: Yes.
Q: Do Exhibits 6A through 6C fairly and accurately show the condition of Ms. Curtis’s leg before the surgery?
A: Yes.
Q: Do Exhibits 6D through 6F fairly and accurately show the condition of Ms. Curtis’s leg after the surgery?
A: Yes.
LAWYER: Your honor, Plaintiff offers Group Exhibit 6A through 6F in evidence.
OPPOSING LAWYER: No objection, your honor.
JUDGE: Plaintiff’s Group Exhibit 6A through 6F is admitted. Continue with your examination.
Once the x-rays are in evidence, they can be displayed to the jury and the doctor can explain what the x-rays show.