MBE Rules · Evidence
Voice and Phone Identification
FRE 901(b)(5)-(6)
The rule
A voice may be identified by anyone who has heard it at any time, including after litigation began; phone calls are authenticated by circumstances including self-identification plus context.
In plain English
A person can identify a voice if they have heard it before, even if that was after a lawsuit started. For phone calls, the identity of the caller can be established by how they introduce themselves and the context of the conversation.
Worked example
During a trial, a witness testifies that they recognized the defendant's voice from a phone call they received last month. The witness explains that the defendant introduced himself during the call and discussed specific details that confirmed his identity. The court accepts the witness's identification of the voice as valid.
Memory hook
If you know the voice, you can identify it—no matter when you heard it!
The trap
Exams may present scenarios where students must differentiate between recognizing a voice and identifying a speaker based solely on context, leading to confusion.
How examiners test it
Questions often involve a scenario where a witness identifies a voice or caller, testing the nuances of recognition versus authentication in different contexts.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.