Self-Authentication

Self-Authentication

Self-Authentication

Rule 902 lists categories including public documents under seal, certified copies of public records, official publications, newspapers, trade inscriptions, acknowledged documents, commercial paper, and certified business and electronic records.

Certification substitutes for custodian testimony.

Alternative Names:

Self-Authenticating Evidence|Rule 902

Why it Matters?

Certified business records under Rule 902(11) eliminate the need for a custodian at trial, which saves substantial time and expense where records come from third parties across jurisdictions. The certification must satisfy the same foundation elements a custodian would establish. Advance notice and an opportunity to inspect are required, and failure to give them defeats the certification's effect.

Frequently asked questions

What does a Rule 902(11) certification accomplish?

What does a Rule 902(11) certification accomplish?

It eliminates the need for a custodian at trial by substituting a written certification establishing the same foundation elements.

What defeats the certification?

What defeats the certification?

Failure to give advance notice and an opportunity to inspect the records and certification.