TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 12, 2012
RE: Rule 902, N.D.R.Ev., Self Authentication
Form and style amendments to Rule 902 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
The proposal contains new paragraphs (10) and (11), which allow documents to be "certified." These new paragraphs are drawn from language that was added to the federal rule in 2000. The federal rule language extended the 18 U.S.C. § 3505 foreign records certification procedure for criminal cases to foreign and domestic records in all cases. The new paragraphs seem to allow regularly kept records to be certified in the same way public records are certified under paragraph (4). The committee may wish to discuss whether to make this new language part of the state rule.
The proposed amendments are attached along with a copy of 18 U.S.C. § 3505.