Section 400.725 Authenticating Evidence

Section 400.725  Authenticating Evidence

a)         Authenticating

or Identifying Evidence

1)         General.

The requirement of authentication or identification as a condition precedent

to admissibility is satisfied by evidence sufficient to support a finding that

the matter in question is what its proponent claims.

2)         Illustrations.

By way of illustration only, and not by way of limitation, the following are

examples of authentication or identification conforming with the requirements

of this Section:

A)        Testimony

of Witness with Knowledge.  Testimony that a matter is what it is claimed to

be.

B)        Nonexpert

Opinion on Handwriting.  Nonexpert opinion as to the genuineness of

handwriting, based upon familiarity not acquired for purposes of the

litigation.

C)        Comparison

by Trier or Expert Witness.  Comparison by the trier of fact or by expert

witnesses, with specimens that have been authenticated.

D)        Distinctive

Characteristics. Appearance, contents, substance, internal patterns or other

distinctive characteristics, taken in conjunction with circumstances.

E)        Voice

Identification.  Identification of a voice, whether heard firsthand or through

mechanical or electronic transmission or recording, by opinion based upon

hearing the voice at any time under circumstances connecting it with the

alleged speaker.

F)         Telephone

Conversations.  Telephone conversations, by evidence that a call was made to

the number assigned at the time by the telephone company to a particular

persons or business, if:

i)          in

the case of a person, circumstances, including self-identification, show the

person answering to be the one called; or

ii)         in

the case of a business, the call was made to a place of business and the

conversation related to business reasonably transacted over the telephone.

G)        Public

Records or Reports

he telephone company to a particular

persons or business, if:

i)          in

the case of a person, circumstances, including self-identification, show the

person answering to be the one called; or

ii)         in

the case of a business, the call was made to a place of business and the

conversation related to business reasonably transacted over the telephone.

G)        Public

Records or Reports.  Evidence that a writing authorized by law to be recorded

or filed, and in fact recorded or filed in a public 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.

H)        Ancient

Documents or Data Compilation.  Evidence that a document or data compilation,

in any form:

i)          is

in such condition as to create no suspicion concerning its authenticity;

ii)         was

in place where it, if authentic, would likely be; and

iii)        has

been in existence 20 years or more at the time it is offered.

I)         Processor

System.  Evidence describing a processor system used to produce a result and

showing that the process or system produces an accurate result.

J)         Methods

Provided by Statute or Rule.  Any method of authentication or identification

provided by statute, Illinois Supreme Court rules, or other applicable rules

prescribed pursuant to statutory authority.  (Il. Mil. R. Evid. 901)

b)         Evidence

that Is Self-Authenticating

1)         Definitions.

Terms used in this subsection (b) have the meanings ascribed in Section 400.730(b).

2)         Extrinsic

evidence of authenticity as a condition precedent to admissibility is not

required for the following:

A)        Domestic

Public Documents Under Seal. A document bearing a seal, with a signature

purporting to be an attestation or execution of that seal, purporting to be that

of:

i)       the

United States;

ii)      any

state;

iii)     any

U.S

ibed in Section 400.730(b).

2)         Extrinsic

evidence of authenticity as a condition precedent to admissibility is not

required for the following:

A)        Domestic

Public Documents Under Seal. A document bearing a seal, with a signature

purporting to be an attestation or execution of that seal, purporting to be that

of:

i)       the

United States;

ii)      any

state;

iii)     any

U.S. district, commonwealth, territory or insular possession;

iv)     the

Panama Canal Zone;

v)      the

Trust Territory of the Pacific Islands; or

vi)     a

political subdivision, department, officer or agency of any of these political

subdivisions.

B)        Domestic

Public Documents Not Under Seal.  A document purporting to bear the signature

in the official capacity of an officer or employee of any entity described in subsection

(b)(2)(A) having no seal, if a public officer having a seal and having official

duties in the district or political subdivision of the officer or employee

certifies under seal that the signer has the official capacity and that the

signature is genuine.

C)        Foreign

Public Documents

i)          A

document purporting to be executed or attested to in an official capacity by a

person authorized by the laws of a foreign country to make the execution or

attestation, and accompanied by a final certification as to the genuineness of

the signature and official position of:

•           the

executing or attesting person; or

•           any

foreign official whose certificate of genuineness of signature and official

position relates to the execution or attestation or is in a chain of

certificates of genuineness of signature and official position relating to the

execution of attestation.

ii)         A

final certification may be made by a secretary of embassy or legation, consul

general, consul, vice consul, or consular agent of the United States, or a

diplomatic or consular official of the foreign country assigned or accredited

to the United States

ion or is in a chain of

certificates of genuineness of signature and official position relating to the

execution of attestation.

ii)         A

final certification may be made by a secretary of embassy or legation, consul

general, consul, vice consul, or consular agent of the United States, or a

diplomatic or consular official of the foreign country assigned or accredited

to the United States.  If reasonable opportunity has been given to all parties

to investigate the authenticity and accuracy of official documents, the court

may, for good cause shown:

•           order

that those documents be treated as presumptively authentic without final

certification; or

•

permit them to be evidenced by an attested

summary with or without final certification.

D)        Certified

Copies of Public Records.  A copy of an official record or report of entry into

those records, or of a document authorized by law to be recorded or filed and

actually recorded or filed in a public office, including data compilations in

any form, certified as correct by the custodian or other person authorized to

make the certification, by certificate complying with subsection (b)(2)(A), (B)

or (C) or complying with any Act of Congress, rule prescribed by the Supreme

Court pursuant to statutory authority, or an applicable regulation prescribed

pursuant to statutory authority.

E)        Documents

or Records of the United States Accompanied by Attesting Certificates.

Documents or records kept under the authority of the United States by any U.S. department,

bureau, agency, office or court when attached to or accompanied by an attesting

certificate of the custodian of the document or record without further

authentication.

F)         Official

Publications.  Books, pamphlets or other publications purporting to be issued

by public authority.

G)        Newspapers

and Periodicals.  Printed material purporting to be newspapers or periodicals.

H)        Trade Inscriptions,

Etc

court when attached to or accompanied by an attesting

certificate of the custodian of the document or record without further

authentication.

F)         Official

Publications.  Books, pamphlets or other publications purporting to be issued

by public authority.

G)        Newspapers

and Periodicals.  Printed material purporting to be newspapers or periodicals.

H)        Trade Inscriptions,

Etc.  Inscriptions, signs, tags or labels purporting to have been affixed in

the course of business and indicating ownership, control, content, ingredients

or origin.

I)         Acknowledged

Documents.  Documents accompanied by a certificate of acknowledgment executed

in the manner provided by law by a notary public or other officer authorized by

law to take acknowledgments.

J)         Commercial

Paper and Related Documents.  Commercial paper, signatures on those papers, and

documents relating to those papers, to the extent provided by general

commercial law.

K)        Presumptions

Under Acts of Congress and Regulations.  Any signature, document or other

matter declared by Act of Congress or by applicable regulation prescribed

pursuant to statutory authority to be presumptively, or prima facie, genuine or

authentic.

L)        Certified

Domestic Records of Regularly Conducted Activity

The original or a duplicate of a

domestic record of regularly conducted activity that would be admissible under Section

400.720(c)(6) if accompanied by a written certification of its custodian or

other qualified person, in a manner complying with any Act of Congress or rule

prescribed by the Supreme Court pursuant to statutory authority, certifying

that the record was:

i)          made

at or near the time of the occurrence of the matters set forth by, or from

information transmitted by, a person with knowledge of these matters;

ii)         kept

in the course of the regularly conducted activity; and

iii)        made

by the regularly conducted activity as a regular practice

by the Supreme Court pursuant to statutory authority, certifying

that the record was:

i)          made

at or near the time of the occurrence of the matters set forth by, or from

information transmitted by, a person with knowledge of these matters;

ii)         kept

in the course of the regularly conducted activity; and

iii)        made

by the regularly conducted activity as a regular practice.  The word

"certification" as used in this subsection (b)(2)(L) means, with

respect to a domestic record, a written declaration under oath subject to the

penalty of perjury and, with respect to a record maintained or located in a

foreign country, a written declaration signed in a country that, if falsely

made, would subject the maker to criminal penalty under the laws of that

country.  A party intending to offer a record into evidence under this subsection

(b)(2)(L) must provide written notice of that intention to all adverse parties,

and must make the record and declaration available for inspection sufficiently

in advance of their offer into evidence to provide an adverse party with a fair

opportunity to challenge them. (Il. Mil. R. Evid. 902)