Written by attorneys · grounded in primary & secondary sources — see below
A procedural requirement that the proponent of an item of evidence must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Deed Party Identification
Alan Ackerman executes a deed conveying land to Anita Ali. The deed includes a writing, words of conveyance, a property description, and Alan's signature. Delivery occurs with intent to pass title. The grantee accepts. The deed satisfies the identification requirements for grantor and grantee.
Factual Contention Support
Anchor Bank files a complaint alleging that Alpine Mining breached a loan agreement. The bank produces loan documents and payment records to show the factual contentions have evidentiary support. The court accepts the filing after confirming the evidence backs the claims.
Adrian Aguilar testifies at trial and identifies Andre Antoine as the person he saw at the scene. The statement identifies a person the declarant perceived earlier. The court admits the testimony as non-hearsay.
Client Trust Account Segregation
A lawyer receives settlement funds belonging to Aisha Ahmed. The lawyer deposits the funds into a separate client trust account maintained in the state where the office is situated. The account is clearly identified and records are preserved for five years.
Contract Subject Matter
Alfred Ashford and Avalon Pharmaceuticals sign a writing for the sale of pharmaceutical equipment. The writing reasonably identifies the subject matter of the contract. The agreement becomes enforceable under the statute of frauds.
Lease Party and Premises
Aether Technologies leases office space from Anchor Bank. The writing identifies the parties, the premises, the duration, the rent, and is signed by the party to be charged. The lease satisfies the statute of frauds requirements.
Common questions
Frequently Asked
1
What must a proponent show to authenticate evidence under the rules?+
The proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Supporting sources
514 U.S. 549 (1995)Constitutional Law
…as in some of our recent Tenth Amendment cases, the intrusion is nonetheless significant. Absent a stronger connection or identification with commercial concerns that are central to the Commerce Clause, that interference contradicts the federal balance the Framers designed and that this Court is obliged to enforce. For…