MBE Rules · Evidence
Authenticating Electronic Evidence
FRE 901(b) — electronic evidence
The rule
Texts, emails, and social-media posts are authenticated by distinctive characteristics, reply patterns, metadata, account ownership, or witness testimony — a prima facie showing that a reasonable juror could find authorship.
In plain English
To authenticate electronic evidence like texts or emails, you need to show that it is what you claim it is. This can be done through unique features, patterns in replies, metadata, proof of account ownership, or testimony from someone who can confirm the authorship.
Worked example
In a fraud case, a prosecutor presents a series of text messages allegedly sent by the defendant to the victim. The messages include specific details only the defendant would know, and a witness testifies that they saw the defendant using the phone from which the messages were sent. The court finds the texts authenticated and admits them as evidence.
Memory hook
Show me the sender, and I’ll show you the message!
The trap
Exams may present electronic evidence that seems compelling but lacks sufficient authentication details, leading students to overlook the necessity of establishing authorship. Students might mistakenly assume that the content alone is enough for admission.
How examiners test it
Questions often involve scenarios where electronic communications are disputed, requiring candidates to analyze the sufficiency of authentication methods presented in the facts.
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