THAT IS SELF-AUTHENTICATING
Extrinsic evidence of authenticity as a condition precedent to admissibility is not
with respect to the following:
The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
(1) Domestic public documents under seal. A document bearing a seal purporting
to be that
of the United States, or of any State, district, commonwealth, territory, or insular possession
thereof, or of the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a
political subdivision, department, officer, or agency thereof, and a signature purporting to
be an attestation or execution.
(1) Domestic Public Documents That Are Sealed and Signed. A document that bears:
(A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and
(B) a signature purporting to be an execution or attestation.
(2) Domestic public documents not under seal. A document purporting to bear the
in the official capacity of an officer or employee of any entity included in paragraph (1),
having no seal, if a public officer having a seal and having official duties in the district or
political subdivision of the officer or employee certifies under seal that the signer has the
official capacity and that the signature is genuine.
(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified. A document that bears no seal if:
(A) it bears the signature of an officer or employee of an entity named in Rule 902(1)(A); and
(B) another public officer who has a seal and official duties within that same entity certifies under seal, or its equivalent, that the signer has the official capacity and that the signature is genuine.
(3) Foreign public documents. A document purporting to be executed or attested in
official capacity by a person authorized by the laws of a foreign country to make the
execution or attestation, and accompanied by a final certification as to the genuineness of the
signature and official position (i) of the executing or attesting person, or (ii) of any foreign
official whose certificate of genuineness of signature and official position relates to the
execution or attestation or is in a chain of certificates of genuineness of signature and official
position relating to the execution or attestation. A final certification may be made by a
secretary of embassy or legation, consul general, consul, vice consul, or consular agent of
the United States, or a diplomatic or consular official of the foreign country assigned or
accredited to the United States. If reasonable opportunity has been given to all parties to
investigate the authenticity and accuracy of official documents, the court, for good cause
shown, may order that they be treated as presumptively authentic without final certification
or permit them to be evidenced by an attested summary with or without final
(3) Foreign Public Documents. A document that purports to be signed or attested by a person who is authorized by a foreign country's law to do so. The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester, or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or attestation. The certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States. If all parties have been given a reasonable opportunity to investigate the document's authenticity and accuracy, the court may, for good cause, either:
(A) order that it be treated as presumptively authentic without final certification; or
(B) allow it to be evidenced by an attested summary with or without final certification.
(4) Certified copies of public records. A copy of an official record or report or
or of a document authorized by law to be recorded or filed and actually recorded or filed in
a public office, including data compilations in any form, certified as correct by the custodian
or other person authorized to make the certification, by certificate complying with paragraph
(1), (2), or (3) or complying with any law of the United States or of this state.
(4) Certified Copies of Public Records. A copy of an official record, or a copy of a document that was recorded or filed in a public office as authorized by law, if the copy is certified as correct by:
(A) the custodian or another person authorized to make the certification; or
(B) a certificate that complies with Rule 902(1), (2), or (3), a statute, or a rule prescribed by the North Dakota Supreme Court.
(5) Official publications. Books, pamphlets, or other publications purporting to be
by public authority.
(5) Official Publications. A book, pamphlet, or other publication purporting to be issued by a public authority.
(6) Newspapers and periodicals. Printed materials purporting to be newspapers or
(6) Newspapers and Periodicals. Printed material purporting to be a newspaper or periodical.
(7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to
been affixed in the course of business and indicating ownership, control, or origin.
(7) Trade Inscriptions and the Like. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.
(8) Acknowledged documents. Documents accompanied by a certificate of
acknowledgement executed in the manner provided by law by a notary public or other
officer authorized by law to take acknowledgements.
(8) Acknowledged Documents. A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.
(9) Commercial paper and related documents. Commercial paper, signatures
documents relating thereto to the extent provided by general commercial law.
(9) Commercial Paper and Related Documents. Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.
(10) Matters declared by statute. Any signature, document, or other matter declared
statute to be presumptively or prima facie genuine or authentic.
(10) Presumptions Under a Statute. A signature, document, or anything else that a statute declares to be presumptively or prima facie genuine or authentic.
(11) Certified Domestic Records of a Regularly Conducted Activity. The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person in the form of an affidavit or an unsworn declaration made under penalty of perjury. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record, and must make the record and certification available for inspection, so that the party has a fair opportunity to challenge them.
(12) Certified Foreign Records of a Regularly Conducted Activity. In a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11), modified as follows: the certification must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the country where the certification is signed. The proponent must also meet the notice requirements of Rule 902(11).
Rule 902 was amended, effective March 1, 1990; _______________________.
Rule 902 is based on Fed.R.Ev. 902. It represents a relaxation of the common law
authentication by creating a presumption that certain documents and records are authentic and
thereby placing the burden of showing lack of genuineness on the party
opposing introduction of
the offered evidence. This has been done by statute for certain public documents,
certified copies. Rule 902 extends the benefits of this presumption to private documents in
the risk of falsification is slight.
Rule 902 was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Paragraphs (11) and (12) were added to the rule, effective_______________. The intent of these provisions is to allow the foundation for admission of a record of a regularly conducted activity to be established by a certificate made under penalty of perjury rather than by live testimony. The certificate may be in affidavit form or in the form of a declaration containing the required foundation and stating: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the State of North Dakota that the foregoing is true and correct. Executed on (date). (Signature)." Paragraphs (11) and (12) also establish a notice requirement, which is intended to provide an opposing party a fair opportunity to test the adequacy of the foundation provided in the certification.
Rule 902 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes
: of _______________;
March 24-25, 1988,
pages 15-16; December 3, 1987, page 15; June 3, 1976, pages 10-12, 14; October 1, 1975,
pages 8, 9. Rule 902, Federal Rules of Evidence Fed.R.Ev. 902; Rule
Considered: N.D.C.C. ch. 31-09; N.D.C.C. §§ 11-18-11, 16-13-11,
31-04-10, 31-08-02, 31-08-02.1, 31-08-06,
43-13-12 , NDCC.
Considered: Rule 44(a), NDRCivP;Rule 27, NDRCrimP.
Cross Reference: N.D.R.Ev. 803 (Exceptions to the Rule Against Hearsay
of Whether the Declarant is Available as a Witness); N.D.R.Civ.P. 44 (Proving an Official
Record); N.D.R.Crim.P. 27 (Proof of Official Record).