Authenticating evidence
- Under FRE 901(a), a party offering evidence must produce evidence "sufficient to support a finding that the item is what the proponent claims it is."
- For digital evidence (texts, emails, app records), authentication usually comes from a combination of metadata, witness testimony, and a documented collection process.
- CustodyComms supports this process by preserving metadata (timestamps, participants, message IDs) and hashing files on import so integrity can be demonstrated later.
Self-authenticating certified business records
- FRE 902(11) allows certified domestic records of a regularly conducted activity to be self-authenticating with a qualifying written declaration.
- Rule 902(11), or a state rule like it, is the usual route for records obtained directly from a third-party service provider (telecom carriers, co-parenting-app companies) with their certification.
- CustodyComms does not generate 902(11) certifications. Those come from the record custodian at the source. CustodyComms preserves the records and their accompanying certifications through the review process without alteration.
Self-authenticating electronic copies verified by hash
- FRE 902(14) allows data copied from an electronic device, storage medium, or file to be self-authenticating when the copy is authenticated by a qualified person using digital identification (a hash value).
- This is the rule CustodyComms is structured around. On import, each file is hashed with SHA-256. On export, the package includes the manifest of hashes and a certification template for a qualified person to complete.
- The qualified person is whoever can state, from their own knowledge, the facts and the identification process the certificate describes. A professional title does not by itself establish that. CustodyComms provides the structured record; the signer provides the authentication.
What this looks like in practice
On export, every source file ships with a SHA-256 entry in the manifest, every page is numbered (and Bates-stamped if the preset includes it), and an FRE 902(14) certification template waits with its signature and date lines blank for a qualified person to complete. The rule also requires reasonable written notice to the other side before the trial or hearing. Signing the certificate does not give that notice.
Open the evidence exportA note on terminology
CustodyComms uses the phrase “structured for FRE 902(14)” rather than “compliant” or “court-approved.” Compliance with an evidentiary rule is a determination the court makes based on facts and witnesses. What software can do is structure records so a qualified person is positioned to complete the authentication.
Admissibility determinations are made by the presiding court under applicable rules of evidence. Courts may require additional foundation or witness testimony. Evidentiary rules vary by jurisdiction. Consult your local court rules.
