What does FRE 901 require?

What does FRE 901 require?

• A. Authentication showing that the item is what the proponent claims it to be.
• B. A chain-of-custody requirement for every item.
• C. Hearsay analysis.
• D. Parol evidence.

Answer: (A)

FRE 901 requires authentication—proof sufficient to support a finding that the item is what the proponent claims it to be. In other words, before an item can enter evidence, there must be evidence linking it to its claimed source or identity, which can be a witness with knowledge, handwriting or voice identification, or other linking details (distinguishing features, labels, etc.). Chain of custody can help establish authenticity for certain items, but there isn’t a universal rule that every item must have a chain of custody. Hearsay analysis and parol evidence involve different issues (whether a statement is offered for its truth outside the assertion, and whether extrinsic evidence can modify a written contract, respectively) and are not the authentication requirement.

FRE 901 requires authentication—proof sufficient to support a finding that the item is what the proponent claims it to be. In other words, before an item can enter evidence, there must be evidence linking it to its claimed source or identity, which can be a witness with knowledge, handwriting or voice identification, or other linking details (distinguishing features, labels, etc.). Chain of custody can help establish authenticity for certain items, but there isn’t a universal rule that every item must have a chain of custody. Hearsay analysis and parol evidence involve different issues (whether a statement is offered for its truth outside the assertion, and whether extrinsic evidence can modify a written contract, respectively) and are not the authentication requirement.