Article IX — Authentication and Identification
Rule 902: Evidence That Is Self-Authenticating
What is Evidence That Is Self-Authenticating?
Rule 902 identifies categories of evidence that are self-authenticating — meaning they prove their own authenticity without the need for a witness to testify about them. This rule saves time and resources by eliminating the authentication step for certain types of evidence that carry inherent indicia of reliability.
Source: Fed. R. Evid. 902
Rule Text
The following items of evidence are self-authenticating — they require no extrinsic evidence of authenticity in order to be admitted: domestic public documents that are sealed and signed, or certified; foreign public documents; certified copies of public records; official publications; newspapers and periodicals; trade inscriptions and the like; acknowledged documents; commercial paper and related documents; presumptions under a federal statute; certified domestic records of a regularly conducted activity; and certified foreign records of a regularly conducted activity. Items 11 and 12 (certified domestic and foreign business records) satisfy the foundation requirement of the business records exception under Rule 803(6).
Plain English Explanation
Rule 902 identifies categories of evidence that are self-authenticating — meaning they prove their own authenticity without the need for a witness to testify about them. This rule saves time and resources by eliminating the authentication step for certain types of evidence that carry inherent indicia of reliability.
For example, a certified copy of a public record does not need a custodian to testify that it is genuine — the certification itself is sufficient. A book bearing the imprint of a government agency is presumed to be published by that agency. A newspaper article from the New York Times does not need a reporter to testify that it actually appeared in the paper — the newspaper itself is self-authenticating.
Two particularly important categories are certified domestic business records (902(11)) and certified foreign business records (902(12)), added in 2000. These allow business records to be authenticated by a written certification rather than live testimony from a records custodian, as long as the certification meets specific notice requirements. This dramatically simplifies the foundation for business records under the 803(6) hearsay exception. However, the self-authentication only eliminates the need for authentication testimony — the opposing party can still challenge the authenticity or the content of the records.
Key Points
- 1Self-authenticating evidence requires no extrinsic proof of authenticity — it proves itself
- 2Includes: sealed/certified public documents, official publications, newspapers, trade inscriptions, commercial paper
- 3Certified business records (902(11) and (12)) simplify the 803(6) business records foundation
- 4Self-authentication eliminates the need for authentication testimony but does not prevent challenges to the evidence
- 5The opposing party can still argue the evidence is not what it purports to be
Common Exam Issues
- Identifying which types of evidence are self-authenticating and which require extrinsic proof under 901
- Using certified business records (902(11)) to satisfy the business records hearsay exception foundation without live testimony
- Whether self-authentication eliminates all challenges to the evidence or only the authentication requirement
Landmark Cases
- United States v. Vidacak
- Lorraine v. Markel American Insurance Co.
Article IX — Authentication and Identification
This rule is part of Article IX — Authentication and Identification of the Federal Rules of Evidence.
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