Authentication

Authentication is the showing, required before a document or object can be used as evidence, that it is what the party offering it claims it is. The bar is not high: there must be enough evidence for a reasonable jury to find the item genuine, and the jury then decides how much weight to give it.

Origin

Authentication is a long-standing common-law requirement. Federal Rule of Evidence 901 lists ways to authenticate evidence, such as testimony from a witness with knowledge, distinctive characteristics, and the ancient documents provision, and Rule 902 lists items that are self-authenticating, such as certified public records. States have similar rules.

Significance in Asbestos Context

Asbestos cases rely on old letters, product boxes, labels, photographs and data sheets that may be 50 to 100 years old. A plaintiff may authenticate a company memo through the company's own production in discovery, its location in company files, or its age and condition; a product can be authenticated by a coworker who recognizes the packaging. Defendants may challenge items whose origin is unclear, such as an unlabeled sample or a copy of a copy. A document produced by a company in discovery is often treated as authentic, or the parties stipulate to authenticity. Authentication only gets an item through the door: it still must be relevant and survive objections such as hearsay.

Example Sentence

The coworker authenticated the photograph by testifying that he took it in the boiler room in 1962 and that it showed the pipe covering they installed.

Related Terms

Ancient Documents Rule, Business Records Exception, Chain of Custody, Admissibility, Hearsay Exception, Admission by Party-Opponent

Notes

• Write down where old photos, products or documents came from and who has kept them.
• Do not clean, repair or mark up old items you think may be evidence; ask your lawyer first.