Ways to prove evidence is genuine in court

1942), these examples apply most frequently to authentication of documents, writings, data compilations, and voice communications; however, they may be applicable to other forms of evidence as well. It should be noted that compliance with the threshold requirement of authentication does not provide an automatic assurance of the admissibility of evidence. A number of other bars, such as hearsay, privilege, or danger of prejudice or confusion, may exclude it. Subsection (b)(1): The most direct method of authentication of evidence is by testimony of a witness who has some basis extrinsic to the item itself for asserting its authenticity. The foundation requirement for this mode of authentication is proof of the basis for the witness' knowledge. The Advisory Committee's Note to Fed. R. Evid. 901(b)(1) points out that this example "contemplates a broad spectrum ranging from testimony of a witness who was present at the signing of a document to testimony establishing narcotics as taken from an accused and accounting for custody...." Regarding the custody requirement, see State v. Vance, 61 H. 291, 303, 602 P.2d 933, 942 (1979). In Territory v. Hays, 43 H. 58, 65-66 (1958), the court held that a photograph can be authenticated by a witness other than the photographer, upon testimony that "the witness is familiar with the scene and ... that the photograph correctly represents the scene." Subsection (b)(2): This example, according to the Advisory Committee's Note to Fed. R. Evid. 901(b)(2), "states conventional doctrine as to lay identification of handwriting." See Goo Kim Fook v. Hee Fat, 27 H. 491, 501 (1923); Territory v. Fong Yee, 25 H. 309 (1920). Subsection (b)(3): This example supersedes a statute, Hawaii Rev. Stat. §622-2 (1976) (repealed 1980) (originally enacted as L 1876, c 32, §63; am L 1972, c 104, §2(b)), which required that the exemplars be "proved to be genuine to the satisfaction of the court." The Advisory Committee's Note to Fed. R. Evid. 901(b)(3), discussing statutes of this sort, says: "While explainable as a measure of prudence ... in the handwriting situation, the reservation to the judge of the question of the genuineness of exemplars and the imposition of an unusually high standard of persuasion are at variance with the general treatment of relevancy which depends upon fulfillment of a condition of fact. Rule 104(b). No similar attitude is found in other comparison situation, e.g., ballistics comparison by jury ... and no reason appears for its continued existence in handwriting cases. Consequently example (3) ... treats all comparison situations alike, to be governed by Rule 104(b)." Subsection (b)(4): "The characteristics of the offered item itself, considered in the light of circumstances, afford authentication techniques in great variety," suggests the Advisory Committee's Note to Fed. R. Evid. 901(b)(4). See Territory v. Witt, 27 H. 177 (1923), where, in a case of receiving stolen goods, the court admitted into evidence 15 tires found in the possession of the defendant or in the possession of persons who had recently purchased them from the defendant. In the absence of direct proof that they were the tires stolen, the court admitted them on the basis of distinctive characteristics: they were identical in number, size, and make to those stolen from a warehouse, and tires of that size and make were unobtainable at that time from Honolulu dealers. Subsection (b)(5): See the Advisory Committee's Note to Fed. R. Evid. 901(b)(5): "Since aural voice identification is not a subject of expert testimony, the requisite familiarity may be acquired either before or after the particular speaking which is the subject of the identification, in this respect resembling visual identification of a person rather than identification of handwriting." See State v. Clyde, 47 H. 345, 388 P.2d 846 (1964), in which the court ruled that admission of a telephone conversation on the basis of voice identification alone was proper if the witness was acquainted with the voice. Subsection (b)(6): As the Advisory Committee's Note to Fed. R. Evid. 901(b)(6) suggests, "The cases are in agreement that a mere assertion of his identity by a person talking on the telephone is not sufficient evidence of the authenticity of the conversation and that additional evidence of his identity is required. The additional evidence need not fall in any set pattern. Thus the content of his statements or the reply technique, under subsection (b)(4) supra, or voice identification under subsection (b)(5), may furnish the necessary foundation." The foundation for outgoing calls is treated in subparagraphs (A) and (B). Subsection (b)(7): The Advisory Committee's Note to Fed. R. Evid. 901(b)(7) points out that "[p]ublic records are regularly authenticated by proof of custody, without more." See In re Title of Pa Pelekane, 21 H. 175 (1912). Subsection (b)(8): The traditional common law ancient documents rule is liberalized to include data compilations other than documents, e.g., computer data, electronically stored data, and microfilms. In addition, the common law period of 30 years is reduced to 20 years, consistent with the trend in a number of other jurisdictions, see 7 Wigmore, Evidence §2143 (3d ed. 1942). This represents a change in Hawaii law, see Hulihee v. Heirs of Hueu, 57 H. 312, 315, 555 P.2d 495, 498 (1976). Compare the ancient documents exception to the hearsay rule, Rule 803(b)(16) supra, and the provision for presumptive authenticity of certain documents, Rule 303(c)(12) supra. Subsection (b)(9): The Advisory Committee's Note to Fed. R. Evid. 901(b)(9) points out that this example "is designed for situations in which the accuracy of a result is dependent upon a process or system which produces it. X-rays afford a familiar instance." Subsection (b)(10): A number of statutes and rules of court provide expressly for methods of authentication or for presumptions of prima facie authenticity, e.g., HRCP 44. This rule in no way supersedes such statutory or procedural rules and methods of authentication.