Also known as: FRE 902 · Fed. R. Evid. 902 · Rule 902 · FRE902 · self-authentication rule
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence providing that certain documents are self-authenticating and admissible without extrinsic evidence when they bear seals, signatures, certifications, or other specified indicia of reliability.
Frederick Ferguson sues Fisher Foods after a delivery dispute. Fisher Foods offers its internal shipment logs through a certification signed by its records custodian. The certification states that the logs were kept in the ordinary course of business and complies with the requirements for self-authentication. The court admits the logs without requiring the custodian to appear and testify.
A prosecutor offers a laboratory report stating the composition of a seized substance. The report includes a signed certificate from the analyst attesting to the testing procedures and results. The defense objects that the analyst must testify in person. The court rules the certificate alone insufficient under the Confrontation Clause.
Select any source to read its text and confirm it supports the definition.
Documents qualify when they bear an official seal purporting to be that of a government entity along with a signature of attestation. Notarial acknowledgments and certain electronic certifications also suffice. The rule eliminates the need for live foundational testimony in these cases.
Supporting sources
A photocopy may qualify if the seal and attestation appear on its face and match official descriptions. Visible signs of alteration after the seal was applied can defeat self-authentication and require additional proof.
Supporting sources
A high-resolution digital image of a seal may suffice when the document originates from an official electronic records system and otherwise meets certification standards. Courts examine whether the marking purports to be official and whether the copy is properly certified.
Supporting sources
A certification that complies with the rule can establish the foundation for business records without live custodian testimony. The opponent may still challenge trustworthiness on other grounds.
Supporting sources
…Evid. 902(4) (in order to be self-authenticating, a copy of a public record must be "certified as correct by the custodian"); Rule 902(11) (business record must be "accompanied by a written declaration of its custodian"). Under one possible reading of the Court's opinion, recordkeepers will be required to testify. So far,…