Evidence and Admissibility
Authentication
Authentication requires evidence sufficient to support a finding that the item is what the proponent says it is. It can be established through witness testimony, distinctive characteristics, chain of custody, or comparison by an expert.
The standard is not high: the proponent must produce enough for a reasonable factfinder to conclude the item is genuine, after which any remaining doubt goes to weight.
Alternative Names:
Authentication of Evidence, Identification of Evidence
Why it Matters?
Authentication has become a live issue as evidence has moved to digital formats. Text messages, social media content, and collaboration data require showing who authored them, which is harder than authenticating a signed document. Certification provisions for electronic records address part of the problem, and the growing availability of synthetic media is beginning to complicate authentication of audio and video in ways courts are still working out.
Frequently Confused with
Related terms
Frequently asked questions
How is a text message authenticated?
What is self-authentication?
