Rule 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

103 This statute has been repealed.

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:

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) or a

federal or state statute.

(5) Official publications. A book, pamphlet, or other publication

purporting to be issued by a public authority.

(6) Newspapers and periodicals. Printed 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 created by law. A signature, document, or anything

else that a federal statute declares to be presumptively or prima facie

genuine or authentic.

otary 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 created by law. A signature, document, or anything

else that a federal 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 a statute or a rule

prescribed by the Maine Supreme Judicial Court. 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 object to the authenticity of the record or on the basis of

hearsay. In the event of an adverse party’s objection to a record offered

under this paragraph, the court may in the interests of justice refuse to

accept the certification under this paragraph and require the party

offering the record to provide appropriate foundation by other

evidence.

(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,

rather than complying with a statute or Maine Supreme Judicial 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).

Maine Restyling Note [November 2014]

The restyled Rule preserves the substantive differences between the

Maine and Federal Rules.

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