---
kind: "section"
citation: "29 C.F.R. § 18.901"
title: "29"
number: "18.901"
heading: "Requirement of authentication or identification."
url: "https://uscodex.org/cfr/29/18.901"
---

# §18.901. Requirement of authentication or identification.

- (a) **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.
- (b) **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 rule:
  - (1) **Testimony of witness with knowledge.** Testimony that a matter is what it is claimed to be.
  - (2) **Nonexpert opinion on handwriting.** Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of litigation.
  - (3) **Comparison by judge or expert witness.** Comparison by the judge as trier of fact or by expert witnesses with specimens which have been authenticated.
  - (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, 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.
  - (6) **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—
    - (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.
  - (7) **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.
  - (8) **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 a place where it, if authentic, would likely be, and
    - (iii) **Has been in existence 20 years or more at the time it is offered.**
  - (9) **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.
  - (10) **Methods provided by statute or rule.** Any method of authentication or identification provided by Act of Congress, or by rule or regulation prescribed by the administrative agency pursuant to statutory authority, or pursuant to executive order.

## Notes

### Source

Source: 55 FR 13219, Apr. 9, 1990, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

### Source

Source: 48 FR 32538, July 15, 1983, unless otherwise noted.