Also known as:Fed. R. Evid. 902 · Federal Rule of Evidence 902 · Rule 902 · self-authentication
Written by attorneys · grounded in primary & secondary sources — see below
A rule identifying categories of documents that are self-authenticating. These documents require no extrinsic evidence of authenticity for admission because they bear official seals, signatures, certifications, or other marks that inherently establish their genuineness.
Sources & Authorities
How it applies
Common Examples
2
Business Records Certification
Felix Franco offers electronic rent ledgers from his property management company to prove unpaid amounts owed by a tenant. A leasing agent familiar with the company's systems testifies that the ledgers were created in the ordinary course of business. Franco also supplies a written certification from the company's records custodian stating that the records meet the requirements of Rule 803(6). The certification complies with Rule 902(11) and allows admission of the ledgers without calling additional witnesses.
Lab Report Certificate
Farid Farahani is prosecuted for drug possession. The state offers a certificate from a lab analyst stating the substance seized from Farahani tested positive for cocaine. The certificate bears the analyst's signature and the official seal of the state crime laboratory. Farahani objects that the analyst must appear in person. The court rules that although the certificate bears the required official markings, Confrontation Clause requirements control admission.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Casebooks
Melendez-Diaz v. Massachusetts129 S. Ct. 2527 (2009)
Common questions
Frequently Asked
4
What makes a document self-authenticating under FRE 902?+
Documents qualify when they bear an official seal of a government entity, a proper certification from a custodian, a notary's acknowledgment, or other marks listed in the rule's subsections. These features supply the necessary assurance of genuineness on their face.
Supporting sources
Can business records be authenticated by certification instead of live testimony?+
Yes. Rule 803(6)(D) expressly permits the foundation for business records to be laid by a certification that complies with Rule 902(11) or (12). This option avoids the need for in-court testimony from a custodian when the certification meets the rule's requirements.
Supporting sources
Does the presence of an official seal always satisfy self-authentication?+
The seal must purport to be that of a qualifying entity such as a federal or state agency or political subdivision. The document must also meet any additional requirements in the applicable subsection, such as an accompanying signature or attestation.
Supporting sources
How does FRE 902 interact with the business records exception?+
FRE 902 supplies one authorized method for proving the foundation elements of Rule 803(6). A compliant certification under 902(11) or (12) can establish that the records were kept in the regular course of business and made as a regular practice.
Supporting sources
129 S. Ct. 2527 (2009)Evidence
…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,…