(a) Requirement of authentication or
identification.
(1) 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.
(2) 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
subdivision:
(i) Testimony of witness with
knowledge. Testimony that a matter is what it is claimed to be.
(ii) Nonexpert opinion on handwriting.
Nonexpert opinion as to the genuineness of handwriting, based noon familiarity
not acquired for purposes of litigation.
(iii) Comparison by trier or expert witness.
Comparison by the trier of fact or by expert witnesses with specimens which
have been authenticated.
(iv)
Distinctive characteristics and the like. Appearance, contents, substance,
internal patterns, or other distinctive characteristics, taken in conjunction
with circumstances.
(v) 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.
(vi) 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 person 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 telephone.
(vii) 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.
(viii) 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 place where it, if authentic,
would likely be; and
(c) has been
in existence 20 years or more at the time it is offered.
(ix) 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.
(x) Methods provided by statute or rule. Any
method of authentication or identification provided by Act of Congress, by
rules prescribed by the Supreme Court pursuant to statutory authority, or by
applicable regulations prescribed pursuant to statutory authority.
(b)
Self-authentication. Extrinsic evidence of authenticity as a condition
precedent to admissibility is not required with respect to the following:
(1) Domestic public documents under seal. A
document bearing a seal purporting to be that of the United States, or any
state, district, commonwealth, territory, or insular possession thereof, or the
Panama Canal Zone, or the Trust Territory of the Pacific Islands, or a
political subdivision, department, officer, or agency thereof, and a signature
purporting to be an attestation or execution.
(2) Domestic public documents not under seal.
A document purporting to bear the signature in the official capacity of an
officer or employee of any entity included in paragraph (1) of this
subdivision, having no seal, if a public officer having a seal and having
official duties in the district or political subdivision of the officer or
employee certifies under seal that the signer has the official capacity and
that the signature is genuine.
(3)
Foreign public documents. A document purporting to be executed or attested in
an official capacity by a person authorized by the laws of a foreign country to
make the execution of attestation, and accompanied by a final certification as
to the genuineness of the signature and official position:
(i) of the executing or attesting person;
or
(ii) of any foreign official
whose certificates of genuineness of signature and official position relates to
the execution or attestation or is in a chain of certificates of genuineness of
signature and official position relating to the execution of attestation.
A final certification may be made by a secretary of embassy
or legation, consul general, consul, vice consul, or consular agent of the
United States, or a diplomatic or consular official of the foreign country
assigned or accredited to the United States. If reasonable opportunity has been
given to all parties to investigate the authenticity and accuracy of official
documents, the court may, for good cause shown, order that they be treated as
presumptively authentic without final certification or permit them to be
evidenced by an attested summary with or without final certification.
(4)
(i) Certified copies of public records. A
copy of an official record or report of entry therein, or of a document
authorized by law to be recorded or filed and actually recorded or filed in a
public office, including data compilations in any form, certified as correct by
the custodian or other person authorized to make the certification, by
certificate complying with paragraph (1), (2), or (3) of this subdivision or
complying with any Act of Congress, rule prescribed by the Supreme Court
pursuant to statutory authority, or an applicable regulation prescribed
pursuant to statutory authority.
(ii) Documents of records of the United
States or State of New York accompanied by attesting certificates. Documents or
records kept under the authority of the United States or State of New York by
any department, bureau, agency, office, or court thereof when attached to or
accompanied by an attesting certificate of the custodian of the document or
record without further authentication.
(5) Official publications. Books, pamphlets,
or other publications purporting to be issued by public authority.
(6) Newspapers and periodicals. Printed
materials purporting to be issued by public authority.
(7) Trade inscriptions and the like.
Inscriptions, signs, tags or labels purporting to have been affixed in the
course of business and indicating ownership, control, or origin.
(8) Acknowledged documents. Documents
accompanied by a certificate of acknowledgement executed in the manner provided
by law by a notary public or other officer authorized by law to take
acknowledgements.
(9) Commercial
paper and related documents. Commercial paper, signatures thereon, and
documents relating thereto to the extent provided by general commercial
law.
(10) Presumptions under Acts
of Congress and regulations. Any signature, document, or other matter declared
by Act of Congress or by applicable regulation prescribed pursuant to statutory
authority to be presumptively or prima facie genuine or authentic.