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Rule 902. Evidence That IsSelf-Authenticating

 

The following items ofevidence are self-authenticating; they require no extrinsic evidence ofauthenticity in order to be admitted:

 

(1)   DomesticPublic Documents That Are Sealed and Signed. A document that bears:

 

(A)   a sealpurporting to be that of the United States; any state, district, commonwealth,territory, or insular possession of the United States; the former Panama CanalZone; the Trust Territory of the Pacific Islands; a political subdivision ofany of these entities; or a department, agency, or officer of any entity namedabove; and

 

(B)   asignature purporting to be an execution or attestation.

 

(2)   DomesticPublic Documents That Are Not Sealed But Are Signed and Certified. Adocument that bears no seal if:

 

(A)   it bearsthe signature of an officer or employee of an entity named in Rule 902(1)(A);and

 

(B)   anotherpublic officer who has a seal and official duties within that same entitycertifies under seal — or its equivalent — that the signer has the officialcapacity and that the signature is genuine.

 

(3)   ForeignPublic Documents. A document that purports to be signed or attested by aperson who is authorized by a foreign country’s law to do so. The document mustbe accompanied by a final certification that certifies the genuineness of thesignature and official position of the signer or attester — or of any foreignofficial whose certificate of genuineness relates to the signature orattestation or is in a chain of certificates of genuineness relating to thesignature or attestation. The certification may be made by a secretary of aUnited States embassy or legation; by a consul general, vice consul, orconsular agent of the United States; or by a diplomatic or consular official ofthe foreign country assigned or accredited to the United States. If all partieshave been given a reasonable opportunity to investigate the document’sauthenticity and accuracy, the court may, for good cause, either:

 

(A)   orderthat it be treated as presumptively authentic without final certification; or

 

(B)   allow itto be evidenced by an attested summary with or without final certification.

 

(4)   CertifiedCopies of Public Records. A copy of an official record — or a copy of adocument that was recorded or filed in a public office as authorized by law —if the copy is certified as correct by:

 

(A)   thecustodian or another person authorized to make the certification; or

 

(B)   a certificatethat complies with Rule 902(1), (2), or (3), or any law of the United States orof this state.

 

(5)   Officialpublications. Books, pamphlet, or other publication purporting to be issuedby public authority.

 

(6)   Newspapersand Periodicals. Printed material purporting to be a newspaper orperiodical.

 

(7)   TradeInscriptions and the Like. An inscription, sign, tag, or label purportingto have been affixed in the course of business and indicating origin,ownership, or control.

 

(8)   AcknowledgedDocuments. A document accompanied by a certificate of acknowledgment thatis lawfully executed by a notary public or another officer who is authorized totake acknowledgments.

 

(9)   CommercialPaper and Related Documents. Commercial paper, a signature on it, andrelated documents, to the extent allowed by general commercial law.

 

(10) PresumptionsUnder a Federal Statute. A signature, document, or anything else that afederal statute declares to be presumptively or prima facie genuine or authentic.

 

(11) CertifiedDomestic Records of a Regularly Conducted Activity. The original or a copyof a domestic record that meets the requirements of Rule 803(6)(A)-(C), asshown by a certification of the custodian or another qualified person that mustbe signed in a manner that, if falsely made, would subject the signer tocriminal penalty under the laws where the certification was signed. Before thetrial or hearing, the proponent must give an adverse party reasonable writtennotice of the intent to offer the record — and must make the record andcertification available for inspection — so that the party has a fairopportunity to challenge them.

 

(12) Certified ForeignRecords of a Regularly Conducted Activity. The original or a copy of aforeign record that meets the requirements of Rule 803(6)(A)-(C), as shown by acertification of the custodian or another qualified person that must be signedin a manner that, if falsely made, would subject the signer to criminal penaltyunder the laws where the certification was signed. Before the trial or hearing,the proponent must give an adverse party reasonable written notice of theintent to offer the record — and must make the record and certificationavailable for inspection — so that the party has a fair opportunity tochallenge them.

 

 

2011 Advisory CommitteeNote. – Thelanguage of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intended to be stylisticonly. There is no intent to change any result in any ruling on evidenceadmissibility. This rule is the federal rule, verbatim.

 

ADVISORYCOMMITTEE NOTE

 

The amendmentto Rule 803(6) and the addition of Rules 902(11) and 902(12) were made to trackthe changes made to Federal Rule of Evidence 803(6) and the adoption of FederalRules 902(11) and 902(12), effective December 1, 2000. The changes to thefederal rules benefit from a federal statute allowing the use of declarationswithout notarization. Utah has no comparable statute, so the requirements fordeclarations used under the rule are included within the rule itself.