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The Title 28 of the United States Code QUESTION #3743
Question 1
A witness is asked to identify a voice on a recording. The witness says, 'I've only spoken to that person once on the phone for five minutes, but I'm sure that's them.' Is this sufficient to authenticate the voice?
  • No, five minutes is not enough to gain familiarity.
  • Yes, the standard for voice identification is low; any person who has heard the voice at any time can identify it.✔️
  • No, it must be an expert in acoustics.
  • Yes, but only if the witness is also the one who made the recording.
Correct Answer Explanation
Rule 901(b)(5) allows for opinion identification of a voice based on hearing the voice at any time under circumstances that connect it with the alleged speaker.