The certification attests that records were made at or near the time by someone with knowledge, kept in the regular course of business, and made as a regular practice. Rule 902(11) makes so-certified records self-authenticating.
Advance notice to opposing parties is required.
Alternative Names:
Records Certification, Certification of Business Records
Why it Matters?
The notice requirement is what parties overlook, since Rule 902(11) conditions self-authentication on providing the record and certification to opponents with reasonable written notice and a fair opportunity to challenge. Producing a certification for the first time at trial forfeits the benefit. Requesting certifications at the time records are subpoenaed avoids the scramble that otherwise occurs during pretrial preparation.
Frequently Confused with
Related terms
Frequently asked questions
What notice does self-authentication require?
When should certifications be requested?
