Rule 11-901 NMRA
Rule 11-901. Requirement of authentication or identification.
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 and the like. 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 self-identification, 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 twenty (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 statute or a rule prescribed by the Supreme Court.