Also known as: authenticates · authenticated · authenticating · authentication · authenticity · authenticum · verify · genuineness · original
Written by attorneys · grounded in primary & secondary sources — see below
The process of establishing that an item of evidence or a record is what the proponent claims it to be. This is accomplished by producing evidence sufficient to support a finding of genuineness or by signing a paper record or attaching an electronic symbol or process to an electronic record.
Adam Anderson filed a complaint in federal district court asserting a claim arising under the Constitution. To proceed, Adam authenticated the complaint by attaching his signature and supporting affidavits confirming the document's origin and contents. The court accepted the filing as properly authenticated.
Alexandra Armstrong received an offer to sell goods and responded with a counter-offer proposing different terms. She authenticated the counter-offer document by signing it and sending a copy to the original offeror. The authentication established her intent to adopt the substituted bargain as the operative record.
Select any source to read its text and confirm it supports the definition.
Alfred Ashford and his landlord agreed orally to extend a lease beyond the statute of frauds period. To validate the modification, Alfred authenticated a written version of the extension by signing it. The authentication supplied the required record of the parties' agreement.
Audrey Ashton brought a civil action in district court claiming rights under federal law. She authenticated the complaint by including verified exhibits showing the claim arose under the Constitution. Proper authentication permitted the court to consider the filing.
Austin Abbott served a request on the opposing party to admit the genuineness of several contracts. The party authenticated the documents by returning signed admissions confirming they were true copies. The authenticated documents were then used at trial without further proof.
Anita Ali offered a business record into evidence during a contract dispute. She authenticated the record by calling a custodian who testified that the document was kept in the ordinary course of business. The court admitted the item once authentication was complete.
A party must produce evidence sufficient to support a finding that the item is what the proponent claims it is. Testimony from a witness with knowledge or other methods listed in Rule 901(b) commonly satisfy this requirement.
Authentication occurs when the debtor signs a written security agreement or attaches an electronic symbol or process to an electronic record with intent to adopt it. This step satisfies the formal requirement for an enforceable security interest.
Yes. Without authentication the court lacks assurance that the item is what it is claimed to be, so the evidence is inadmissible until the proponent supplies the required foundation.
Yes. A party authenticates an electronic record by attaching an electronic symbol or process with present intent to adopt the record, serving the same function as a traditional signature on paper.
…form signed by Mr. Henningsen contained the following paragraph: "The manufacturer warrants each new motor vehicle (including original equipment of parts and accessories which it manufactures or supplies) to be free from defects in material or workmanship under normal use and service, with the following exceptions:…