§ 90.901, Fla. Stat. — Requirement of Authentication or Identification
Plain English
Before any piece of evidence comes in, you have to authenticate it — show it really is what you say it is. That the photo is the intersection where the crash happened; that the letter is signed by the defendant; that the recording is the actual 911 call. The bar is modest: enough evidence to support a finding that the item is what its proponent claims. It’s a screening question for the judge — once cleared, the jury decides how much to trust it. But it is a condition precedent: no foundation, no admission.
From the Courtroom
Authentication trips up more young lawyers than any rule in the book. You can’t just hold up a document and offer it — someone has to connect it to reality: “Do you recognize this? How? Is it a fair and accurate copy?” Authenticate first, then move it into evidence. Every single time.
Key Points & Authority
- § 90.901, Fla. Stat. — Authentication is a condition precedent to admissibility, satisfied by evidence sufficient to support a finding that the item is what its proponent claims.
- Low threshold: the judge screens for a prima facie showing; ultimate believability is for the jury. Some items are exempt because they self-authenticate under § 90.902.
- Federal parallel: Fed. R. Evid. 901 states the same authentication standard.
Federal Parallel
The federal counterpart is Fed. R. Evid. 901 — identical “evidence sufficient to support a finding” standard, with self-authentication handled separately (FRE 902 / Florida § 90.902).
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.901 makes authentication a condition precedent to admissibility, satisfied by evidence sufficient to support a finding that the matter is what its proponent claims.