Summary of changes
Rule 901 — Authenticating or identifying evidence
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
19 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
901(a)
unchanged
Original text
In General.
To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
Current text
In General.
To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
901(b)
unchanged
Original text
Examples.
The following are examples only - not a complete list - of evidence that satisfies the requirement:
Current text
Examples.
The following are examples only - not a complete list - of evidence that satisfies the requirement:
901(b)(1)
unchanged
Original text
Testimony of a Witness with Knowledge.
Testimony that an item is what it is claimed to be.
Current text
Testimony of a Witness with Knowledge.
Testimony that an item is what it is claimed to be.
901(b)(2)
unchanged
Original text
Nonexpert Opinion about Handwriting.
A nonexpert's opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
Current text
Nonexpert Opinion about Handwriting.
A nonexpert's opinion that handwriting is genuine, based on a familiarity with it that was not acquired for the current litigation.
901(b)(3)
unchanged
Original text
Comparison by an Expert Witness or the Trier of Fact.
A comparison with an authenticated specimen by an expert witness or the trier of fact.
Current text
Comparison by an Expert Witness or the Trier of Fact.
A comparison with an authenticated specimen by an expert witness or the trier of fact.
901(b)(4)
unchanged
Original text
Distinctive Characteristics and the Like.
The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
Current text
Distinctive Characteristics and the Like.
The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.
901(b)(5)
unchanged
Original text
Opinion about a Voice.
An opinion identifying a person's voice - whether heard firsthand or through mechanical or electronic transmission or recording - based on hearing the voice at any time under circumstances that connect it with the alleged speaker.
Current text
Opinion about a Voice.
An opinion identifying a person's voice - whether heard firsthand or through mechanical or electronic transmission or recording - based on hearing the voice at any time under circumstances that connect it with the alleged speaker.
901(b)(6)
unchanged
Original text
Evidence about a Telephone Conversation.
For a telephone conversation, evidence that a call was made to the number assigned at the time to:
Current text
Evidence about a Telephone Conversation.
For a telephone conversation, evidence that a call was made to the number assigned at the time to:
901(b)(6)(A)
unchanged
Original text
a particular person, if circumstances, including self-identification, show that the person answering was the one called; or
Current text
a particular person, if circumstances, including self-identification, show that the person answering was the one called; or
901(b)(6)(B)
unchanged
Original text
a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.
Current text
a particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.
901(b)(7)
unchanged
Original text
Evidence about Public Records.
Evidence that:
Current text
Evidence about Public Records.
Evidence that:
901(b)(7)(A)
unchanged
Original text
a document was recorded or filed in a public office as authorized by law; or
Current text
a document was recorded or filed in a public office as authorized by law; or
901(b)(7)(B)
unchanged
Original text
a purported public record or statement is from the office where items of this kind are kept.
Current text
a purported public record or statement is from the office where items of this kind are kept.
901(b)(8)
unchanged
Original text
Evidence about Ancient Documents or Data Compilations.
For a document or data compilation, evidence that it:
Current text
Evidence about Ancient Documents or Data Compilations.
For a document or data compilation, evidence that it:
901(b)(8)(A)
unchanged
Original text
is in a condition that creates no suspicion about its authenticity;
Current text
is in a condition that creates no suspicion about its authenticity;
901(b)(8)(B)
unchanged
Original text
was in a place where, if authentic, it would likely be; and
Current text
was in a place where, if authentic, it would likely be; and
901(b)(8)(C)
unchanged
Original text
is at least 20 years old when offered.
Current text
is at least 20 years old when offered.
901(b)(9)
unchanged
Original text
Evidence about a Process or System.
Evidence describing a process or system and showing that it produces an accurate result.
Current text
Evidence about a Process or System.
Evidence describing a process or system and showing that it produces an accurate result.
901(b)(10)
unchanged
Original text
Methods Provided by a Statute or Rule.
Any method of authentication or identification allowed by a federal statute, a rule prescribed by the Supreme Court, or an applicable regulation prescribed pursuant to statutory authority.
Current text
Methods Provided by a Statute or Rule.
Any method of authentication or identification allowed by a federal statute, a rule prescribed by the Supreme Court, or an applicable regulation prescribed pursuant to statutory authority.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.