902 Authentication Self-Authenticating Evidence

Question 1

(1) Domestic Public Documents That Are Sealed and Signed

Answer 1

A document that bears:
(A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and
(B) a signature purporting to be an execution or attestation.

Question 2

(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified

Answer 2

A document that bears no seal if:
(A) it bears the signature of an officer or employee of an entity named in Rule 902(1)(A); and
(B) another public officer who has a seal and official duties within that same entity certifies under seal — or its equivalent — that the signer has the official capacity and that the signature is genuine.

Question 3

(3) Foreign Public Documents

Answer 3

(3) Foreign Public Documents. A document that purports to be signed or attested by a person who is authorized by a foreign country’s law to do so. The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester — or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or attestation. The certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States. If all parties have been given a reasonable opportunity to investigate the document’s authenticity and accuracy, the court may, for good cause, either:
(A) order that it be treated as presumptively authentic without final certification; or
(B) allow it to be evidenced by an attested summary with or without final certification.

Question 4

(4) Certified Copies of Public Records

Answer 4

A copy of an official record — or a copy of a document that was recorded or filed in a public office as authorized by law — if the copy is certified as correct by:
(A) the custodian or another person authorized to make the certification; or
(B) a certificate that complies with Rule 902(1), (2), or (3), a federal statute, or a rule prescribed by the Supreme Court.

Question 5

(5) Official Publications

Answer 5

A book, pamphlet, or other publication purporting to be issued by a public authority.

Question 6

(6) Newspapers and Periodicals

Answer 6

Printed material purporting to be a newspaper or periodical.

Question 7

(7) Trade Inscriptions and the Like

Answer 7

An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.

Question 8

(8) Acknowledged Documents

Answer 8

A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.

Question 9

(9) Commercial Paper and Related Documents

Answer 9

Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.

Question 10

(10) Presumptions Under a Federal Statute

Answer 10

A signature, document, or anything else that a federal statute declares to be presumptively or prima facie genuine or authentic.

Question 11

(11) Certified Domestic Records of a Regularly Conducted Activity

Answer 11

The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person that complies with a federal statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record — and must make the record and certification available for inspection — so that the party has a fair opportunity to challenge them.

Question 12

(12) Certified Foreign Records of a Regularly Conducted Activity

Answer 12

In a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11), modified as follows: the certification, rather than complying with a federal statute or Supreme Court rule, must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the country where the certification is signed. The proponent must also meet the notice requirements of Rule 902(11).