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FEDERAL |
Law Students | |||||
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Article IX-AUTHENTICATION AND IDENTIFICATION |
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Rule 902: Self-authentication |
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FEDERAL RULES OF EVIDENCE
Article IX.
AUTHENTICATION AND IDENTIFICATION
Rule 902. Self-authentication
Extrinsic evidence of authenticity as a condition precedent to admissibility
is not
required with respect to the following:
(1) Domestic public documents under seal. A document bearing a seal
purporting
to be that of the United States, or of any State, district, Commonwealth,
territory, or
insular possession thereof, or the Panama Canal Zone, or the Trust Territory
of the
Pacific Islands, or of a political subdivision, department, officer, or
agency thereof, and
a signature purporting to be an attestation or execution.
(2) Domestic public documents not under seal. A document purporting to bear
the
signature in the official capacity of an officer or employee of any entity
included in
paragraph (1) hereof, having no seal, if a public officer having a seal and
having official
duties in the district or political subdivision of the officer or employee
certifies under seal
that the signer has the official capacity and that the signature is genuine.
(3) Foreign public documents. A document purporting to be executed or
attested in
an official capacity by a person authorized by the laws of a foreign country
to make the
execution or attestation, and accompanied by a final certification as to the
genuineness
of the signature and official position (A) of the executing or attesting
person, or (B) of
any foreign official whose certificate of genuineness of signature and
official position
relates to the execution or attestation or is in a chain of certificates of
genuineness of
signature and official position relating to the execution or attestation. A
final certification
may be made by a secretary of an embassy or legation, consul general,
consul, vice
consul, or consular agent of the United States, or a diplomatic or consular
official of the
foreign country assigned or accredited to the United States. If reasonable
opportunity
has been given to all parties to investigate the authenticity and accuracy
of official
documents, the court may, for good cause shown, order that they be treated
as
presumptively authentic without final certification or permit them to be
evidenced by an
attested summary with or without final certification.
(4) Certified copies of public records. A copy of an official record or
report or entry
therein, or of a document authorized by law to be recorded or filed and
actually
recorded or filed in a public office, including data compilations in any
form, certified as
correct by the custodian or other person authorized to make the
certification, by
certificate complying with paragraph (1), (2), or (3) of this rule or
complying with any
Act of Congress or rule prescribed by the Supreme Court pursuant to
statutory
authority.
(5) Official publications. Books, pamphlets, or other publications
purporting to be
issued by public authority.
(6) Newspapers and periodicals. Printed materials purporting to be
newspapers or
periodicals.
(7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels
purporting to
have been affixed in the course of business and indicating ownership,
control, or origin.
(8) Acknowledged documents. Documents accompanied by a certificate of
acknowledgment executed in the manner provided by law by a notary public or
other
officer authorized by law to take acknowledgments.
(9) Commercial paper and related documents. Commercial paper, signatures
thereon, and documents relating thereto to the extent provided by general
commercial
law.
(10) Presumptions under Acts of Congress. Any signature, document, or other
matter declared by Act of Congress to be presumptively or prima facie
genuine or
authentic.
(11) Certified domestic records of regularly conducted activity. The
original or a
duplicate of a domestic record of regularly conducted activity that would be
admissible
under Rule 803(6) if accompanied by a written declaration of its custodian
or other
qualified person, in a manner complying with any Act of Congress or rule
prescribed by
the Supreme Court pursuant to statutory authority, certifying that the
record:
(A) was made at or near the time of the occurrence of the matters set forth
by, or from
information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice.
A party intending to offer a record into evidence under this paragraph must
provide
written notice of that intention to all adverse parties, and must make the
record and
declaration available for inspection sufficiently in advance of their offer
into evidence to
provide an adverse party with a fair opportunity to challenge them.
(12) Certified foreign records of regularly conducted activity. In a civil
case, the
original or a duplicate of a foreign record of regularly conducted activity
that would be
admissible under Rule 803(6) if accompanied by a written declaration by its
custodian or
other qualified person certifying that the record:
(A) was made at or near the time of the occurrence of the matters set forth
by, or from
information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as a regular practice.
The declaration must be signed in a manner that, if falsely made, would
subject the
maker to criminal penalty under the laws of the country where the
declaration is signed.
A party intending to offer a record into evidence under this paragraph must
provide
written notice of that intention to all adverse parties, and must make the
record and
declaration available for inspection sufficiently in advance of their offer
into evidence to
provide an adverse party with a fair opportunity to challenge them.
Federal Rules of Evidence:
Article IX. AUTHENTICATION AND
IDENTIFICATION Rule 902. Self-authentication:
Notes
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Rule 403 Notes
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice,
Confusion, or Waste of Time-LII
Rule 403 Legal Information Institute-LII
Rule 403 Notes Legal Information Institute-LII
Rule 409. Payment of Medical and Similar Expenses-LII
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related
Statements-LII
Law
Students MM
Federal Rules of Evidence: Rule 413: Notes
Federal Rules of Evidence:
ARTICLE VI. WITNESSES Rule 613. Prior Statements
of Witnesses: NOTES
Federal Rules of Evidence:
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 705. Disclosure of Facts or Data Underlying
Expert Opinion
Federal Rules of Evidence: ArticleII-Rule 415.
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child
Molestation
Federal Rules of Evidence:
ARTICLE VI. WITNESSES Rule 613. Prior Statements
of Witnesses
Federal Rules of Evidence:
ARTICLE VI. WITNESSES Rule 614. Calling and
Interrogation of Witnesses by Court
Rule 614. Calling and Interrogation of Witnesses by Court
Federal Rules of Evidence:
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY:
Rule 801. Definitions
Federal Rules of Evidence:
Article IX. AUTHENTICATION AND
IDENTIFICATION Rule 902. Self-authentication