Rule 5-901 - 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. Cross reference: Rule 5-104(b).
(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 of a witness with knowledge that the offered evidence is what it is claimed to be.(2)Non-Expert Opinion on Handwriting. Non-expert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.(3)Comparison With Authenticated Specimens. Comparison by the court or an expert witness with specimens that have been authenticated.(4)Circumstantial Evidence. Circumstantial evidence, such as appearance, contents, substance, internal patterns, location, or other distinctive characteristics, that the offered evidence is what it is claimed to be.(5)Voice Identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, based upon the witness having heard the voice at any time under circumstances connecting it with the alleged speaker.(6)Telephone Conversation. A telephone conversation, by evidence that a telephone call was made to the number assigned at the time to a particular person 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 telephone.(7)Public Record. 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, is from the public office where items of this nature are kept.(8)Ancient Document or Data Compilation. Evidence that a document or data compilation: (A) is in such condition as to create no suspicion concerning its authenticity,(B) was in a place where, if authentic, it would likely be, and(C) has been in existence twenty years or more at the time it is offered.(9)Process or System. Evidence describing a process or system used to produce the proffered exhibit or testimony and showing that the process or system produces an accurate result. Committee note: This Rule is not intended to indicate the type of evidence that may be required to establish that a system or process produces an accurate result. See, e.g., Rule 5-702.
(10)Methods Provided by Statute or Rule. Any method of authentication or identification provided by statute or by these rules. This Rule is derived from F.R.Ev. 901.
Adopted Dec. 15, 1993, eff. 7/1/1994. Amended Feb. 10, 1998, eff. 7/1/1998; amended July 8, 2021, eff. 10/1/2021. Code, Courts Article, § 10-104, § 10-105, and §§ 10-1001 through 10-1004.