ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
RULE 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) Illustration. 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 Trier or Expert Witness. Comparison by the
trier of fact or by expert witnesses with specimens which have been
(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 (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
(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, (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 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 the Supreme Court of
Appeals of West Virginia or by a West Virginia statute.
[Effective February 1, 1985.]