Kentucky Rules of Evidence

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION

KRE 901 REQUIREMENT OF AUTHENTICATION OR IDENTIFICATION

(a) 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. 

(b) 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 rule: 

     (1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be. 

     (2) Nonexpert testimony on handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for the purposes of litigation. 

     (3) Comparison by trier or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated. 

     (4) Distinctive characteristics and the like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances. 

     (5) 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. 

     (6) 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 place 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 phone. 

     (7) 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. 

     (8) 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 a place where it, if authentic, would likely be; and

           (C) Has been in existence twenty (20) years or more at the time it is offered. 

     (9) 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. 

     (10) Methods provided by statute or rule. Any method of authentication or identification provided by act of the General Assembly or by rule prescribed by the Supreme Court of Kentucky.

[1992 c 324, sec 34, eff. 7-1-92; 1990 c 88, sec 62]

Note: KRE 901 contains provisions similar to former KRS 422.120, repealed by 1992 c 324, sec 33, eff. 7-1-92.

Top of Page

Disclaimer

          We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features. Our design is copyrighted. We have no claim of any affiliation with any linked website nor any liability for anything they may say or do. We, and our contributing authors, offer no warranties of any type, to anyone, about anything express or implied.  What you see is what you get, we cannot afford to be your insurer and most assuredly are not your lawyer and do not render you any legal advice whatsoever.  No attorney client relationship is established by this site, and there is absolutely no confidentiality of any information or communication herein.  No emails received will be responded to pertaining to legal questions or advice.

          By going further into this site, you accept this complete waiver of all warranties and acknowledge reading our Legal Disclaimer.  

©  2001-2004 LouisvilleLaw, LouisvilleLaw.com & Kentucky Law Net, LLC
  
"The Kentucky Lawyer" is a registered Service Mark of Kentucky Law Net LLC. 

 LouisvilleLaw, LouisvilleLaw.com, Louisville LawWire, eLegal Summaries & LouisvilleLawyers  are service marks and the intellectual property of Kentucky Law Net LLC. 2001-2004

 To Suggest a Link or Report broken Links, please contact our Webmaster

 
Number of Hits Since June 1, 2001