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Developer sues Investor for breach of a written funding agreement. Developer offers screenshots of text messages from a phone number saved in Developer's phone as "Mara-Investor." In the messages, the sender refers to Developer by a childhood nickname, mentions the exact address of the project site, asks for updated construction draws, and writes, "I will wire the second tranche Friday if City issues the permit." Bank records show a wire from Investor's company three days later. Investor denies sending the texts and says an assistant sometimes used her phone.
Developer also offers a screenshot from a social-media direct-message account using Investor's photo and name. That message says, "Delay the lawsuit and I will make this right." The account was created two weeks before litigation, has no other public posts, and Developer cannot identify who controlled it. Investor objects to both sets of communications for lack of authentication.
How should the court analyze authentication of the texts and the social-media message? Discuss the Rule 901 standard, distinctive characteristics, the effect of Investor's denial, and any separate evidentiary issues the court should keep distinct.