Article IX. Authentication and Identification Flashcards
What is necessary for the requirement of authenticating or identifying an item of evidence?
The proponent must produce evidence sufficient to support a finding that the item is what the proponent claims.
FRE 901(a) (2012).
What types of evidence are Self-Authenticating?
(1) Domestic public documents that are sealed and signed;
(2) Domestic public documents that are not sealed but are signed and certified;
(3) Foreign public documents;
(4) Certified copies of public records
(5) Official publications;
(6) Newspapers and periodicals;
(7) Trade Inscriptions and the like;
(8) Acknowledged documents;
(9) Commercial paper and related documents;
(10) Presumptions under a federal statute;
(11) Certified domestic records of a regularly conducted activity; and
(12) Certified foreign records of a regularly conducted activity.
FRE 902 (2012).
Describe the seal and signature required for domestic public documents that, as a self-authenticating document, are BOTH sealed and signed.
The seal must be that of a governmental entity (whether officer or entity itself);
The signature need only purport to be an execution or attestation.
FRE 902(1) (2012).
Describe the signature required for domestic public documents that, as a self-authenticating document, are NOT sealed, but signed and certified.
The signature must be of an officer or employee of a governmental entity; and
another public officer who has a seal and official duties within the same entity certifies under seal (or its equivalent) that the signer has the official capacity and that the signature is genuine.
FRE 902(2) (2012).
Describe the requirements necessary for a foreign public document to be self-authenticating.
The document must have a purported signature or attestation by a person who is authorized by a foreign country’s law to do so. Additionally, the document must be accompanied by a final certification as to its genuineness of the signature and official position of the signer or attester; this certification must be from an appropriate federal authority. With both of these requirements, the parties must still be given a reasonable opportunity to investigates the authenticity and accuracy; afterwards, the judge may order that it be treated as presumptively authentic without final certification or allow it to be evidenced by an attested summary with or without final certification.
FRE 902(3) (2012).
Describe the requirement necessary for a certified copy of public records to be self-authenticating.
It must be a copy of a document that was recorded or filed in a public office as authorized by law. The copy must be certified by the custodian or another person authorized to certify in compliance of FRE 902(1), (2), or (3), a federal statute, or a rule prescribed by the Supreme Court.
FRE 902(4) (2012).
What is an official publication?
A book, pamphlet, or other publication purporting to be issued by a public authority.
FRE 902(5) (2012).
What is an acknowledged document?
A document accompanied by a certificate of acknowledgement that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.
FRE 902(8) (2012).
Describe the concept of “subscribing witness’s testimony” in relation to authenticity.
A subscribing witness’s testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity.
FRE 903 (2012).
