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Rule 901 Requirement of authentication or identification
(a)
(b)
General provision. The requirement of authentication or identification as a
condition precedent to admissibility is satisfied by evidence sufficient to support
a finding that the matter in question is what its proponent claims.
Illustrations. 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 rule:
(1) Testimony of witness with knowledge. Testimony that a matter is what it
is claimed to be.
(2) Nonexpert testimony on handwriting. Nonexpert opinion as to the
genuineness of handwriting, based upon familiarity not acquired for the
purposes of litigation.
(3) Comparison by trier or expert witness. Comparison by the trier of fact or
by expert witnesses with specimens which have been authenticated.
(4) Distinctive characteristics and the like. Appearance, contents, substance,
internal patterns, or other distinctive characteristics, taken in conjunction
with circumstances.
(5) Voice identification. 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. Telephone conversations, by evidence that a
call was made to the number assigned at the time by the telephone
company to a particular place or business if:
(A) In the case of a person, circumstances, including self-identification,
show the person answering to be the one called; or
(B) 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 phone.
(7) Public records or reports. Evidence that a writing 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) Ancient documents or data compilation. Evidence that a document or
data compilation, in any form:
(A) Is in such condition as to create no suspicion concerning its
authenticity;
(B) Was in a place where it, if authentic, would likely be; and
(C) Has been in existence twenty (20) years or more at the time it is
offered.
(9) Process or system. Evidence describing a process or system used to
produce a result and showing that the process or system produces an
accurate result.
(10) Methods provided by statute or rule. Any method of authentication or
identification provided by act of the General Assembly or by rule
prescribed by the Supreme Court of Kentucky.
Effective:July 1, 1992
History: Enacted 1990 Ky. Acts ch. 88, sec. 62; renumbered (7/1/92) pursuant to
1992 Ky. Acts ch. 324, sec. 34.
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