United StatesFederal Rules of Evidence, self-authentication of electronic records by certification
Federal Rules of Evidence, Rule 902(13) and (14), with Rule 902(11) and (12)
In force since .
A signatures and records rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Governance
What it requires
- To have a record generated by an electronic process or system received without extrinsic evidence of authenticity, show that the process or system produces an accurate result, by a certification of a qualified person that complies with the certification requirements of Rule 902(11) or (12) (Fed. R. Evid. 902(13)).
- To have data copied from an electronic device, storage medium or file received without extrinsic evidence of authenticity, authenticate it by a process of digital identification, shown by a certification of a qualified person that complies with the certification requirements of Rule 902(11) or (12) (Fed. R. Evid. 902(14)).
- For either route, have the certification come from the custodian or another qualified person and comply with a federal statute or a rule prescribed by the Supreme Court (Fed. R. Evid. 902(11)).
- For a foreign record in a civil case, have the certification signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the country where it is signed (Fed. R. Evid. 902(12)).
- To rely on either route, before the trial or hearing give an adverse party reasonable written notice of the intent to offer the record, and make the record and certification available for inspection so the party has a fair opportunity to challenge them (Fed. R. Evid. 902(11), applied by 902(13) and (14)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Rule 902(13) and (14) set the showing that replaces extrinsic evidence of authenticity; they require no party to keep a log or a record.
- Kind
- None
- As of
What makes it hold up
Rule 902(13) asks for the certification of a qualified person that the record comes from a process or system that produces an accurate result; Rule 902(14) asks for the same certification that copied data was authenticated by a process of digital identification.
- As of
- Effect
- A condition a court sets for receiving the record
- Requires
- A person certifies the record
What this law does
Rule 101(a) of the Federal Rules of Evidence provides that the rules apply to proceedings in United States courts, and that the specific courts and proceedings, along with exceptions, are set out in Rule 1101. Rule 902 of the Federal Rules of Evidence lists items of evidence that are self-authenticating. The items Rule 902 lists require no extrinsic evidence of authenticity in order to be admitted.
Rule 902(13) covers 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). For a record under Rule 902(13), the proponent must also meet the notice requirements of Rule 902(11).
Rule 902(14) covers 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). For data under Rule 902(14), the proponent also must meet the notice requirements of Rule 902(11).
Rule 902(11) calls for a certification of the custodian or another qualified person that complies with a federal statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the proponent under Rule 902(11) must give an adverse party reasonable written notice of the intent to offer the record.
Rule 902(12) provides that, in a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11) is covered if the certification is signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the country where the certification is signed. Rule 1102 provides that the Federal Rules of Evidence may be amended as provided in section 2072 of title 28 of the United States Code.
The Supreme Court adopted the 2017 amendments to the Federal Rules of Evidence pursuant to section 2072 of title 28 of the United States Code. The Supreme Court ordered that the amendments take effect on , and govern in all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.
When LexLint raises it
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