§ 28.13 KEY POINTS

• Jurisdiction: North Carolina

§ 28.13. KEY POINTS

Documents are generally not self-authenticating — e.g., a confession purportedly signed by the accused may not be admitted simply based on that signature. An authenticating witness must testify; the detective who obtained the confession could testify that she saw the accused sign the document. This is known as "laying the foundation" for admissibility. Rule 901 governs authentication generally, and Rule 902 provides for the self-authentication of certain types of documents.

Rule 901 deals only with authentication. A document properly authenticated under Rule 901 may nevertheless be inadmissible because it fails to satisfy the requirements of the hearsay rule or the best evidence rule, or because its probative value is substantially outweighed by its prejudicial effect under Rule 403.

General rule. Rule 901(a) imposes on the offering party the burden of proving that an item of evidence is genuine — that it is what the proponent says it is. Rule 901(b) presents examples of traditional methods of authentication. These examples are merely illustrative. Different methods of authentication may be used by themselves or in combination.

Standard ofproof. Only a prima facie showing is required.

Illustrations. Some of the illustrations are: (1) a witness with firsthand knowledge, (2) a witness familiar with another's handwriting, (3) expert's comparison with known exemplars, (4) jury comparison with known exemplars, and (5) distinctive characteristics. Two are worth special attention:

Reply rule. The federal drafters specifically mentioned the reply rule as a method of authentication under Rule 901(b)(4). Assume that I properly address and mail a letter to a person. My letter is not...