225 Pa. Code r. 902 - Evidence That is Self-Authenticating
The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
(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 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 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 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 Supreme Court.
A certificate required by paragraph (4)(B) may include a handwritten signature, a copy of a handwritten signature, a computer generated signature, or a signature created, transmitted, received, or stored by electronic means, by the signer or by someone with the signer's authorization. A seal may, but need not, be raised.
(5)
Official Publications. A
book, pamphlet, or other publication purporting to be issued by a public
authority.
(6)
Newspapers
and Periodicals. Material purporting to be a newspaper or
periodical.
(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. 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, a signature on it, and related documents,
to the extent allowed by general commercial law.
(10)
Presumptions Authorized by
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 that
complies with Pa.R.C.P. No. 76. 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. The original or a copy of a foreign
record that meets the requirements of Rule 902(11), modified as follows: the
certification rather than complying with a statute or Supreme Court rule, 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).
(13)
Certified Records Generated by
an Electronic Process or System. A record generated by an electronic
process or system that produces an accurate result, as shown by a certification
of a qualified person that complies with the certification requirements of Rule
902(11) or (12). The proponent must also meet the notice requirements of Rule
902(11).
(14)
Certified
Data Copied from an Electronic Device, Storage Medium, or File. Data
copied from an electronic device, storage medium, or file, if authenticated by
a process of digital identification, as shown by a certification of a qualified
person that complies with the certification requirements of Rule 902(11) or
(12). The proponent also must meet the notice requirements of Rule
902(11).
(15)
Certificate
of Non-Existence of a Public Record. A certificate that a document was
not recorded or filed in a public office as authorized by law if certified by
the custodian or another person authorized to make the certificate.
Notes
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