MBE Rules · Evidence
Authentication
FRE 901
The rule
To authenticate, proponent must produce evidence sufficient to support a finding that the item is what the proponent claims. Methods include: witness with knowledge, distinctive characteristics, voice identification, contents, expert comparison, public records, ancient documents (20+ years old).
In plain English
To use something as evidence in court, you need to show it's genuine and what you say it is. You can do this by having someone who knows it verify it, or by showing unique features that prove it's real.
Worked example
The defendant wants to use a letter as evidence. A friend who saw the defendant write it testifies about its authenticity, confirming it's the same letter, allowing it to be used in court.
Memory hook
Authenticate: Prove it's the real deal! Show evidence to confirm the item's identity, like a witness or distinct feature.
The trap
Students think: Any evidence can authenticate. Wrong, because it needs to support item identity. The actual test is sufficiency of evidence to prove authenticity.
How examiners test it
The MBE loves: document presented without context. Question: authenticated? Trap: students miss distinct feature or witness knowledge as authenticating evidence.
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