Rule 901 - Authenticating or Identifying Evidence(a) 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. (b) Examples. The following are examples only-not a complete list-of evidence that satisfies the requirement: (1)Testimony of a witness with knowledge. Testimony that an item is what it is claimed to be.(2) 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.(3)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. (4)Distinctive characteristics. The appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.(5)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.(6)Evidence about a telephone conversation. For a telephone conversation, evidence that a call was made to the number assigned at the time to: (A) A particular person, if circumstances, including selfidentification, show that the person answering was the one called; or(B) A particular business, if the call was made to a business and the call related to business reasonably transacted over the telephone.(7)Evidence about public records. Evidence that:(A) A document was recorded or filed in a public office as authorized by law; or(B) A purported public record or statement is from the office where items of this kind are kept. (8)Evidence about ancient documents or data compilations. For a document or data compilation, evidence that it:(A) Is in a condition that creates no suspicion about its authenticity;(B) Was in a place where, if authentic, it would likely be; and (C) Is at least 20 years old when offered. (9)Evidence about a process or system. Evidence describing a process or system and showing that it produces an accurate result. (10)Methods provided by a statute or rule. Any method of authentication or identification allowed by a rule of the Maine Supreme Judicial Court or by a statute or as provided in the Maine Constitution.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
The restyled Rule preserves the substantive differences between the Maine and Federal Rules. The proposed restyled Rule adopts the language of the Federal Rule 901(b)(3) in providing that one method of authentication is a comparison by the "trier of fact" of the item of evidence with an authenticated original. The use of the term "court" in lieu of "trier of fact" in the current Maine Rule may cause some confusion in a jury trial as it is clear that the Rule is intended to permit comparison by the trier of fact.
.