State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-901

Article 9.

Authentication and Identification.

Rule 901. Requirement of authentication oridentification.

(a)        General provision. – The requirement of authentication oridentification as a condition precedent to admissibility is satisfied byevidence sufficient to support a finding that the matter in question is whatits proponent claims.

(b)        Illustrations. – By way of illustration only, and not by wayof limitation, the following are examples of authentication or identificationconforming with the requirements of this rule:

(1)        Testimony of Witness with Knowledge. – Testimony that amatter is what it is claimed to be.

(2)        Nonexpert Opinion on Handwriting. – Nonexpert opinion as tothe genuineness of handwriting, based upon familiarity not acquired for purposesof the litigation.

(3)        Comparison by Trier or Expert Witness. – Comparison by thetrier of fact or by expert witnesses with specimens which have beenauthenticated.

(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, whetherheard firsthand or through mechanical or electronic transmission or recording,by opinion based upon hearing the voice at any time under circumstancesconnecting it with the alleged speaker.

(6)        Telephone Conversations. – Telephone conversations, byevidence that a call was made to the number assigned at the time by thetelephone company to a particular person or business, if (A) in the case of aperson, circumstances, including self‑identification, show the personanswering to be the one called, or (B) in the case of a business, the call wasmade to a place of business and the conversation related to business reasonablytransacted over the telephone.

(7)        Public Records or Reports. – Evidence that a writingauthorized by law to be recorded or filed and in fact recorded or filed in apublic 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 Compilations. – Evidence that adocument or data compilation, in any form, (A) is in such condition as tocreate no suspicion concerning its authenticity, (B) was in a place where it,if authentic, would likely be, and (C) has been in existence 20 years or moreat the time it is offered.

(9)        Process or System. – Evidence describing a process or systemused to produce a result and showing that the process or system produces anaccurate result.

(10)      Methods Provided by Statute. – Any method of authenticationor identification provided by statute. (1983, c. 701, s. 1.)