Post Process

Everything to do with E-discovery & ESI

Case Blurb: Au Optronics Corp., Burden of Proof for Authentication is Slight

Posted by rjbiii on May 18, 2010

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.” Fed. R. Evid. 903. Authentication by circumstantial evidence, in lieu of testimony, is permissible. McQueeny v. Wilmington Trust Company, 779 F.2d 916, 928 (1985). Circumstantial evidence that may be considered includes, but is not limited to, the source of the document, its appearance, content, substance, internal pattern, distinctive characteristics, and its age. Fed. R. Evid. 901. “The burden of proof for authentication is slight. ‘All that is required is a foundation from which the fact-finder could legitimately infer that the evidence is what the proponent claims it to be.'” McQueeny, 779 F.2d at 928 (citations omitted).

In this case, the Court concludes that AUO has met its burden of authenticating the documents in question…

LG Display Co., Ltd. v. Au Optronics Corp., 265 F.R.D. 189, 196 (D. Del. 2010)

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