New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 517 - Military Rules Of Evidence › Section 517.9 - Authentication and identification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirement of authentication or
				  identification.
(1) General provision. 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
				  subdivision:
(i) Testimony of witness with
				  knowledge. Testimony that a matter is what it is claimed to be.
(ii) Nonexpert opinion on handwriting.
				  Nonexpert opinion as to the genuineness of handwriting, based noon familiarity
				  not acquired for purposes of litigation.
(iii) Comparison by trier or expert witness.
				  Comparison by the trier of fact or by expert witnesses with specimens which
				  have been authenticated.
(iv)
				  Distinctive characteristics and the like. Appearance, contents, substance,
				  internal patterns, or other distinctive characteristics, taken in conjunction
				  with circumstances.
(v) 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.
(vi) 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 person or
				  business, if:
(a) in the case of a person,
				  circumstances, including self-identification, show the person answering to be
				  the one called; or
(b) 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.
(vii) 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.
(viii) Ancient documents or data compilation.
				  Evidence that a document or data compilation, in any form:
(a) is in such condition as to create no
				  suspicion concerning its authenticity;
(b) was in place where it, if authentic,
				  would likely be; and
(c) has been
				  in existence 20 years or more at the time it is offered.
(ix) Process or system. Evidence describing a
				  process or system used to produce a result and showing that the process or
				  system produces an accurate result.
(x) Methods provided by statute or rule. Any
				  method of authentication or identification provided by Act of Congress, by
				  rules prescribed by the Supreme Court pursuant to statutory authority, or by
				  applicable regulations prescribed pursuant to statutory authority.