Rule 902. Self-Authentication
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Ohio Rules of Court › Practice and Procedure › Ohio Rules of Evidence › Ohio Evid.R. 902
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Self-Authentication.
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with
respect to the following:
(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 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.
(2)
Domestic public documents not under seal
A document purporting to bear the signature in the official capacity of an officer or
employee of any entity included in paragraph (1) hereof, 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.
(3)
Foreign public documents
A document purporting to be executed or attested in the 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 (a) of the executing or attesting person, or (b) 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
on 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 may, for good cause shown, 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 certification.
(4)
Certified copies of public records
A copy of an official record or report or entry therein, 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) of this rule or complying with any law of a jurisdiction,
state or federal, or rule prescribed by the Supreme Court of Ohio.
(5)
Official publications
Books, pamphlets, or other publications purporting to be issued by public authority.
(6)
Newspapers and periodicals
Printed materials purporting to be newspapers or periodicals, including notices and
advertisements contained therein.
(7)
Trade inscriptions and the like
Inscriptions, signs, tags, or labels purporting to have been affixed in the course of
business and indicating ownership, control, or origin.
(8)
Acknowledged documents
Documents accompanied by a certificate of acknowledgment executed in the
manner provided by law by a notary public or other officer authorized by law to
take acknowledgments.
herein.
(7)
Trade inscriptions and the like
Inscriptions, signs, tags, or labels purporting to have been affixed in the course of
business and indicating ownership, control, or origin.
(8)
Acknowledged documents
Documents accompanied by a certificate of acknowledgment executed in the
manner provided by law by a notary public or other officer authorized by law to
take acknowledgments.
(9)
Commercial paper and related documents
Commercial paper, signatures thereon, and documents relating thereto to the extent
provided by general commercial law.
(10)
Presumptions created by law
Any signature, document, or other matter declared by any law of a jurisdiction, state
or federal, 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 Evid.R.
803(6), as shown by a certification of the custodian or another qualified person that
complies with an Ohio statute or a rule prescribed by the Supreme Court of Ohio.
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 Evid.R. 902(11), modified as follows: the certification, rather than complying
with an Ohio statute or Supreme Court of Ohio 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 Evid.R. 902(11).
reign record that meets the requirements
of Evid.R. 902(11), modified as follows: the certification, rather than complying
with an Ohio statute or Supreme Court of Ohio 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 Evid.R. 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 Evid.R. 902(11) or (12). The proponent must also
meet the notice requirements of Evid.R. 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 Evid.R. 902(11) or (12). The
proponent also must meet the notice requirements of Evid.R. 902(11).
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.