Authentication
To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Usually a witness with knowledge identifies the item. For example, an employee can testify that a printout is the company’s record, or a person can recognize a signature or a voice.
Self-authenticating records
Rule 902 lists items that “require no extrinsic evidence of authenticity in order to be admitted,” such as certified public records, official publications and newspapers. Under Rule 902(11), a business record that meets Rule 803(6)(A)–(C) can be authenticated by “a certification of the custodian or another qualified person,” with advance written notice to the other side. This rule often matters in debt and foreclosure cases, where a plaintiff offers business records from a prior owner of the debt.
The best evidence rule
An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
Duplicates are generally admissible to the same extent as originals unless a genuine question is raised about authenticity (Rule 1003). In addition, other evidence of the contents is allowed when the original is lost or destroyed without bad faith (Rule 1004).
Researching authentication of evidence in your state
To research authentication of evidence for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.
Sources and further reading
Official sources used on this page:
Related reading on Lawtopolis:
Sources
- Fed. R. Evid. 803(6), 901, 902, 1002–1004
Official sources:
law.cornell.edu/rules/fre/rule_901
law.cornell.edu/rules/fre/rule_902
law.cornell.edu/rules/fre/rule_1002
law.cornell.edu/rules/fre/rule_803
Sources last reviewed: 2026-10-23
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.