Extract from Page Vault’s article “When Screenshots Fail and Authentication Wins: Modern Case Law on Online Evidence found using Minerva26”
Understanding Authentication Under the Federal Rules of Evidence
The Federal Rules of Evidence (FRE) govern how courts determine whether evidence is admissible. Under Rule 901(a), the proponent of any item of evidence “must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”
In other words, a party must show that the evidence is genuine. This doesn’t require absolute proof—just enough for a reasonable juror to conclude authenticity. The standard is intentionally low, but it still demands some corroboration: metadata, testimony, certification from a records custodian, or contextual evidence connecting the content to its source.
Other frequently cited rules include:
FRE 902(11), (13), and (14): Self-authentication of business records and electronic data with proper certifications.
FRE 1002–1004: The “Best Evidence Rule,” requiring original or accurately duplicated digital files when available.
These rules form the foundation for how courts analyze online evidence—from social media posts to website captures.
