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Notes

Rule 902. Evidence That Is Self-Authenticating — Inbound Citations

Fed. R. Evid. 902

Cited by 3 provisions in release 119-102.

Citations to Fed. R. Evid. 902 as a whole

  • (10) Absence of a Public Record. Testimony—or a certification under Rule 902—that a diligent search failed to disclose a public record or statement if:
    (A) the testimony or certification is admitted to prove that
    (i) the record or statement does not exist; or
    (ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and
    (B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice—unless the court sets a different time for the notice or the objection.

Citations to Rule 902(4)

  • The proponent may use a copy to prove the content of an official record—or of a document that was recorded or filed in a public office as authorized by law—if these conditions are met: the record or document is otherwise admissible; and the copy is certified as correct in accordance with Rule 902(4) or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the content.

Citations to Rule 902(11)