2021 Georgia Code
Title 24 - Evidence
Chapter 9 - Authentication and Identification
Article 1 - General Provisions
§ 24-9-901. Requirement of Authentication or Identification

1. The requirement of authentication or identification as a condition precedent to admissibility shall be satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
2. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this Code section:
   1. Testimony of a witness with knowledge that a matter is what it is claimed to be;
   2. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation;
   3. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated. Such specimens shall be furnished to the opposite party no later than ten days prior to trial;
   4. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances;
   5. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker;
   6. Telephone conversations, by evidence that a call was made to the number assigned at the time by a telephone service provider to a particular person or business, if:
      1. In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or
      2. In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone;
   7. Evidence that a document authorized by law to be recorded or filed and in fact recorded or filed in a public office or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept;
   8. Evidence that a document or data compilation, in any form:
      1. Is in such condition as to create no suspicion concerning its authenticity;
      2. Was in a place where it, if authentic, would likely be; and
      3. Has been in existence 20 years or more at the time it is offered;
   9. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result; or
   10. Any method of authentication or identification provided by law.

(Code 1981, §24-9-901, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Authenticating or identifying evidence, Fed. R. Evid. 901.

- For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011). For comment on Copeland v. State, 66 Ga. App. 142, 17 S.E.2d 288 (1941), see 4 Ga. B.J. 53 (1942).

ANALYSIS

• General Consideration
• Proof of Authenticity of Writing
• Authentication of Document Submitted for Comparison
• Documents Affecting Party's Character or Reputation
• Letters
• Source of Knowledge of Witnesses
• Authentication by Expert Witnesses
• Authentication by Nonexpert Witnesses
• Authenticity Is Question for Jury

RESEARCH REFERENCES

Am. Jur. 2d.

- 29A Am. Jur. 2d, Evidence, §§ 1045, 1209.

- 32 C.J.S., Evidence, §§ 820 et seq., 835 et seq., 891 et seq., 974 et seq.

- Admissibility in evidence, for purpose of comparison, of writing made by accused person at request of public authorities, 1 A.L.R. 1304.

Use of photographs in examination and comparison of handwriting or typewriting, 31 A.L.R. 1431; 17 A.L.R.2d 308.

Admissibility and weight of opinion evidence as to genuineness of signature by mark, 101 A.L.R. 767.

Authorship or authenticity of written or printed matter as inferable without extrinsic proof from name used therein or from its contents or subject matter, 131 A.L.R. 301.

Changes in handwriting as evidence of change in physical or mental condition, 134 A.L.R. 641.

Probative value of opinion testimony of handwriting experts that document is not genuine, opposed to testimony of persons claiming to be attesting witnesses, 154 A.L.R. 649.

Mode and degree of proof required to establish genuineness of handwriting offered as standard or exemplar for comparison with a disputed writing or signature, 41 A.L.R.2d 575.

Admissibility in evidence of enlarged photographs or photostatic copies, 72 A.L.R.2d 308.

Competency, as a standard of comparison to establish genuineness of handwriting, of writings made after controversy arose, 72 A.L.R.2d 1274.

Propriety of jury, or court sitting as trier of facts, making a comparison of a disputed writing with a standard produced in court, without the aid of an expert witness, 80 A.L.R.2d 272.

Proof of authorship or identity of sender of telegram as prerequisite of its admission in evidence, 5 A.L.R.3d 1018.

Unaccepted offer for purchase of real property as evidence of its value, 25 A.L.R.4th 571.

Unaccepted offer to sell or buy comparable real property as evidence of value of property in issue, 25 A.L.R.4th 615.

Unaccepted offer to sell or listing of real property as evidence of its value, 25 A.L.R.4th 983.

Admissibility of evidence as to linguistics of typing style (forensic linguistics) as basis of identification of typist or author, 36 A.L.R.4th 598.

Admissibility in evidence, in civil action, of tachograph or similar paper or tape recording of speed of motor vehicle, railroad locomotive, or the like, 18 A.L.R.6th 613.

Authentication of electronically stored evidence, including text messages and e-mail, 45 A.L.R.4th 602.

Hearsay objections to admission of text messages or testimony thereof, 10 A.L.R.7th 4.

Authentication of text messages, 38 A.L.R.7th Art. 2.

Authentication of social media records and communications, 40 A.L.R.7th Art. 1.

Authentication and admission of foreign business records in federal criminal proceeding pursuant to 18 USCS § 3505. 41 A.L.R. Fed. 2d 537.

Admissibility of handwriting expert's testimony in federal criminal case, 183 A.L.R. Fed. 333.