FRE · Rule 902
Rule 902 outlines the types of evidence that are self-authenticating and do not require extrinsic evidence of authenticity in order to be admitted in court.
Source: FRE Rule 902
Certain types of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted.
FRE Rule 902 lists specific categories of documents and materials that can be accepted in court as authentic without needing additional proof. This simplifies the process of admitting certain types of evidence by negating the need for witness testimony on authenticity.
The purpose of this rule is to streamline the process of introducing certain types of evidence and to reduce the burden of proof required for their admission, thereby enhancing judicial efficiency.
Documents that are introduced as evidence can be authenticated based on their status as official government records.
Similar to domestic documents, but these are official documents from other countries, authenticated by a qualified individual.
Certified copies of any public record are self-authenticating, meaning they do not require further proof of authenticity.
Books, pamphlets, or other publications issued by public authority are considered authentic without extra evidence.
Commercially published periodicals are also self-authenticating, allowing them to be admitted without additional authentication.
Records of regularly conducted activity can be self-authenticated based on the nature and routine of their creation.
Official commentaries on the law are accepted as authentic without additional proof.
Documents bearing signatures recognized by the legal system can be automatically authenticated without further evidence.
This case clarified the thresholds for verifying the authenticity of business records under FRE Rule 902(6), emphasizing the reliability of records created in the ordinary course of business.
This case further defined the criteria for establishing the reliability of self-authenticating documents, particularly under FRE Rule 902(1) regarding public documents.
FRE Rule 902 is often tested in exams through fact patterns that require students to identify the self-authenticating nature of various documents, so familiarize yourself with the specific categories listed in the rule.