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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges |
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| Rules of Evidence |
29 CFR 18.901 - Requirement of authentication or identification.
- Section Number: 18.901
- Section Name: 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 opinion on handwriting. Nonexpert opinion as to the
genuineness of handwriting, based upon familiarity not acquired for
purposes of litigation.
(3) Comparison by judge or expert witness. Comparison by the judge
as 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 person or business, if--
(i) In the case of a person, circumstances, including self-
identification, show the person answering to be the one called, or
(ii) 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 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,
(i) Is in such condition as to create no suspicion concerning its
authenticity,
(ii) Was in a place where it, if authentic, would likely be, and
(iii) Has been in existence 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 Congress, or by rule
or regulation prescribed by the administrative agency pursuant to
statutory authority, or pursuant to executive order.
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