How to Authenticate Electronic Evidence Under FRE 901 and 902
“Authentication” is the legal term for proving a piece of evidence is actually what it's claimed to be. Two federal rules govern how that works for electronic evidence — and they're from different years, with different mechanisms.
FRE 901: the general rule
Federal Rule of Evidence 901 is the long-standing, general authentication requirement: the party offering a piece of evidence has to produce evidence sufficient to support a finding that the item is what they say it is. For a conversation export, that typically means being able to show where it came from and that it reflects the actual exchange — historically established through witness testimony (someone who can speak to how the evidence was created or obtained).
FRE 902(13) and 902(14): self-authentication by certification
These two provisions, in effect since December 1, 2017 — a separate, earlier amendment from the 2023 changes to Rule 702 — created a shortcut. Instead of always needing a witness to testify about how a piece of electronic evidence was generated or obtained, certain electronic evidence can authenticate itself through a written certification from a qualified person.
- 902(13) covers evidence generated by an electronic process or system — like the contents of a website, data an app generated, or a system's automatic activity logs.
- 902(14) covers a digital copy of data taken from a device or storage medium — like a phone or a hard drive — typically verified using a hash value: a unique sequence of characters generated from a file's exact contents. If a qualified person certifies that the hash value of the copy matches the original, the copy is treated as authenticated without live testimony.
Why the distinction matters
902(13)/(14) doesn't eliminate the underlying 901 standard — it just changes how it can be met, by certification instead of live testimony, for evidence that qualifies. Whether a specific export qualifies, what the certification needs to say, and who's a “qualified person” to provide it are all case-specific questions with real procedural requirements attached.
Verity is a forensic and behavioral analysis tool, not a certifying authority and not a law firm. A Verity report is not itself a Rule 902(13) or 902(14) certification, and nothing here should be read as a claim that it satisfies one. This is general information about how these rules work, not legal advice — authentication requirements and how courts apply them vary by jurisdiction and change over time. Talk to an attorney about what your specific case requires.
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