Also known as:FRE 902 · Fed. R. Evid. 902 · Rule 902 · FRE902 · self-authentication rule
Written by attorneys — see sources 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.
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How its tested
Common Examples
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Business Records Certification
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.
Drug Analysis Certificate
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.
Melendez-Diaz v. Massachusetts129 S. Ct. 2527 (2009)
In 2001 Boston police officers received a tip that a Kmart employee was engaging in suspicious activity involving repeated short trips in a blue sedan. Officers set up surveillance in the parking lot, observed the described sequence of events, detained the employee upon his return, and discovered four clear plastic bags containing a substance resembling cocaine.
The officers then arrested the two men in the car, one of whom was petitioner Luis Melendez-Diaz. The officers placed all three suspects in a police cruiser. During the short drive to the police station the officers observed their passengers fidgeting and making furtive movements in the back of the car. After depositing the men at the station they searched the police cruiser and found a plastic bag containing nineteen smaller bags hidden in the partition between the front and back seats.
The officers submitted the seized substances to the State Laboratory Institute of the Massachusetts Department of Public Health, which was required by law to conduct chemical analysis upon police request. Analysts at the laboratory performed the tests on November 28, 2001, and prepared three certificates of analysis that reported the weight of the bags and stated that the substance was found to contain cocaine. Each certificate was sworn before a notary public by the analysts, as required under Massachusetts law, and reprinted the statutory provision making the certificates prima facie evidence of the composition, quality, and net weight of the narcotic analyzed.
Melendez-Diaz was charged with distributing cocaine and trafficking in cocaine in an amount between 14 and 28 grams. At trial the prosecution introduced the bags seized from the codefendant and from the cruiser along with the three certificates. Petitioner objected to admission of the certificates, asserting that Crawford v. Washington required the analysts to testify in person. The trial court overruled the objection and admitted the certificates pursuant to the state statute.
The jury found Melendez-Diaz guilty. He appealed, contending that admission of the certificates violated his Sixth Amendment right to be confronted with the witnesses against him. The Appeals Court of Massachusetts affirmed the convictions, relying on a prior decision of the Supreme Judicial Court that had held forensic analysts are not subject to confrontation. The Supreme Judicial Court denied review, and the United States Supreme Court granted certiorari.
What makes a document self-authenticating under the rule?
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
Does a photocopy with a seal still qualify?
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
Can a digital seal on an electronic record satisfy the rule?
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
How does the rule interact with the business records hearsay exception?
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
129 S. Ct. 2527 (2009)
…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,…
EvidenceRelevancy and reasons for excluding relevant evidence · Authentication and identificationUBEIntermediate