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Rule 902.  Evidence That Is Self-Authenticating. 

 

Thefollowing items of evidence are self-authenticating; they require no extrinsicevidence of authenticity in order to be admitted: 

 

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

(1)(A)   a seal purporting to be that of the UnitedStates; any state, district, commonwealth, territory, or insular possession ofthe United States; the former Panama Canal Zone; the Trust Territory of thePacific Islands; a political subdivision of any of these entities; or adepartment, agency, or officer of any entity named above; and 

 

(1)(B)   a signaturepurporting to be an execution or attestation. 

 

(2)   DomesticPublic Documents That Are Not Sealed But AreSigned and Certified. A document that bears no seal if: 

(2)(A)   it bears thesignature of an officer or employee of an entity named in Rule902(1)(A); and 

 

(2)(B)   another publicofficer who has a seal and official duties within that same entity certifiesunder seal ? or its equivalent ? that the signer has the official capacity andthat the signature is genuine. 

 

(3)   ForeignPublic DocumentsA document that purports to besigned or attested by a person who is authorized by a foreign country?s law todo so. The document must be accompanied by a final certificationthat certifies the genuineness of the signature and official position of thesigner or attester ? or of any foreign official whose certificate ofgenuineness relates to the signature or attestation or is in a chain ofcertificates of genuineness relating to the signature or attestation. Thecertification may be made by a secretary of a United States embassy orlegation; by a consul general, vice consul, or consular agent of the UnitedStates; or by a diplomatic or consular official of the foreign country assignedor accredited to the United States. If all parties have been given a reasonableopportunity to investigate the document?s authenticity and accuracy, the courtmay, for good cause, either: 

(3)(A)   order that it betreated as presumptively authentic without final certification; or 

 

(3)(B)   allow it to beevidenced 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: 

(4)(A)   the custodian oranother person authorized to make the certification; or 

 

(4)(B)   a certificate thatcomplies with Rule 902(1), (2), or (3), or any law of the United States or ofthis state. 

 

(5)   OfficialpublicationsBooks, pamphlet, or other publicationpurporting to be issued by public authority. 

 

(6)   Newspapersand PeriodicalsPrinted material purporting to be anewspaper or periodical.

 

(7)   TradeInscriptions and the LikeAn inscription, sign, tag,or label purporting to have been affixed in the course of business andindicating 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 DocumentsCommercial paper, asignature on it, and related documents, to the extent allowed by generalcommercial law. 

 

(10) Presumptions Under a Federal StatuteAsignature, document, or anything else that a federal statute declares to bepresumptively or prima facie genuine or authentic. 

 

(11) Certified DomesticRecords of a Regularly Conducted Activity. The original or a copy of adomestic record that meets the requirements of Rule803(6)(A)-(C), as shown by a certification of the custodian or anotherqualified person that must be signed in a manner that, if falsely made, wouldsubject the signer to criminal penalty under the laws where the certificationwas signed. Before the trial or hearing, the proponent must give an adverseparty reasonable written notice of the intent to offer the record ? and mustmake the record and certification available for inspection ? so that the partyhas a fair opportunity 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.

 

(13) Certified RecordsGenerated by an Electronic Process or System. A record generated by anelectronic process or system that produces an accurate result, as shown by acertification of a qualified person that must be signed in a manner that, iffalsely made, would subject the signer to criminal penalty under the laws wherethe certification was signed. Before the trial or hearing, the proponent mustgive an adverse party reasonable written notice of the intent to offer therecord?and must make the record and certification available for inspection?sothat the party has a fair opportunity to challenge them.

 

(14) Certified DataCopied From an Electronic Device, Storage Medium, or File. Data copied froman electronic device, storage medium, or file, if authenticated by a process ofdigital identification, as shown by a certification of a qualified person thatmust be 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 data?and must make the data and thecertification available for inspection?so that the party has a fair opportunityto challenge them.

 

 

EffectiveMay 1, 2019

 

 

2019 Advisory Committee Note.? The 2019 amendment adds Subsections (13) and(14), following the addition of subsections (13) and (14) to Federal Rule ofEvidence 902 in 2017. The language of subsections (13) and (14) is from thefederal rule, with revisions for clarity and consistency with subsection (12).

 

2011 Advisory Committee Note.  The language of this rulehas been amended as part of the restyling of the Evidence Rules to make themmore easily understood and to make style and terminology consistent throughoutthe rules. These changes are intended to be stylistic only. There is no intentto change any result in any ruling on evidence admissibility. This rule is thefederal rule, verbatim.

 

Original Advisory Committee Note.? The amendment to Rule 803(6) and the addition of Rules 902(11) and902(12) were made to track the changes made to Federal Rule of Evidence 803(6)and the adoption of Federal Rules 902(11) and 902(12), effective December 1,2000. The changes to the federal rules benefit from a federal statute allowingthe use of declarations without notarization. Utah has no comparable statute,so the requirements for declarations used under the rule are included withinthe rule itself.