Ala. R. Evid. 09

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Rule 901. Requirement of Authentication or Identification (a) General Provision.

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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.

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(1) Testimony of Witness With Knowledge illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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Testimony that a matter is what it is claimed to be.

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(2) Nonexpert Opinion on Handwriting illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.

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(3) Comparison by Trier or Expert Witness illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.

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(4) Distinctive Characteristics and the Like illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.

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(5) Voice Identification illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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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.

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(6) Telephone Conversations illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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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.

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(7) Public Records or Reports illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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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.

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(8) Ancient Documents or Data Compilation illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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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 a place where it, if authentic, would likely be, and (C) has been in existence thirty years or more at the time it is offered.

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(9) Process or System illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.

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(10) Methods Provided by Statute or Rule illustration under Rule 901. Requirement of Authentication or Identification (b) Illustrations.

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Any method of authentication or identification provided by statute or by other rules prescribed by the Supreme Court of Alabama. 

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(1) Domestic Public Documents Under Seal under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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A document bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

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(2) Domestic Public Documents Not Under Seal under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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A document purporting to bear the signature in the official capacity of an officer or employee of any entity included in paragraph (1) hereof, 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.

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(3) Foreign Public Documents under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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A document purporting to be executed or attested 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 (A) of the executing or attesting person, or (B) of 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 or attestation.

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Final certification under (3) Foreign Public Documents under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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A final certification may be made by a secretary of an 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.

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Presumptive authenticity under (3) Foreign Public Documents under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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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 they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.

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(4) Certified Copies of Public Records under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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A copy of an official record or report or entry therein, 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 paragraph (1), (2), or (3) of this rule or complying with any applicable statute or other rule of court.

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(5) Official Publications under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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Books, pamphlets, or other publications purporting to be issued by public authority.

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(6) Newspapers and Periodicals under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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Printed materials purporting to be newspapers or periodicals.

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(7) Trade Inscriptions and the Like under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.

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(8) Acknowledged Documents under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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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.

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(9) Commercial Paper and Related Documents under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.

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(10) Self-authentication Under Statutes and Rules of Court under Rule 902. Self-Authentication (meaning “extrinsic evidence of authenticity as a condition precedent to admissibility is not required”)

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Any signature, document, or other matter declared by any statute, state or federal, or any rule promulgated by the Alabama Supreme Court to be presumptively or prima facie genuine or authentic.

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Rule 903. Subscribing Witness's Testimony Unnecessary

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The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.