§ 28.08 Ancient Documents: FRE 901(b)(8)

• Jurisdiction: United States

§ 28.08 Ancient Documents: FRE 901(b)(8)

This rule provides a method for authenticating ancient documents, including computer data compilations.⁴⁰ Authentication is accomplished by showing that (1) the document's appearance is not suspicious, (2) it was found in a place natural for this type of document, and (3) it is 20 years or older. The common law time period was 30 years. A different provision, Rule 803(16), recognizes a hearsay exception for ancient documents.⁴¹

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^[40] See United States v. Firishchak, 468 F.3d 1015, 1021 (7th Cir. 2006) (authenticating WWII documents: "Dr. Pohl, an expert who has done extensive archival research on the District Galicia, testified that there was no suspicion regarding the documents' authenticity and that they were housed in a state regional archive where one would expect to find such documents. He also testified regarding the age of the documents, stating that each document dated from between 1942 and 1944."); United States v. Demjanjuk, 367 F.3d 623, 630 (6th Cir. 2004) (WWII concentration camp service identity card authenticated as an ancient document; "Although Rule 901(b)(8) requires that the document be free of suspicion, that suspicion goes not to the content of the document, but rather to whether the document is what it purports to be."); United States v. Kairys, 782 F.2d 1374 (7th Cir. 1986) (in denaturalization proceeding on grounds that defendant was ineligible for citizenship because he had served as a Nazi camp...