Self-Authentication (FRE 902)
Definition
A category of US evidence law under Federal Rule of Evidence 902 in which certain documents are treated as authenticated without extrinsic evidence. Rules 902(13) and (14), added in 2017, extend this to machine-generated records and certified electronic data copies accompanied by a qualifying certification.
- Statute
- Federal Rule of Evidence 902
- Jurisdiction
- United States
- Key subsections
- 902(13) and 902(14), added 2017
- Covers
- Machine-generated records and certified electronic data copies
Common questions
What must accompany electronic evidence for it to qualify under 902(13) or (14)?+
A qualifying written certification, typically from a person with knowledge of the process used to generate or copy the record, describing how the record was produced or the copy verified, without that person needing to testify in court.
Does self-authentication mean the evidence's content is automatically accepted as true?+
No, self-authentication only removes the need for extrinsic proof that the document is what it claims to be; the opposing party can still challenge the weight, reliability or relevance of what the record actually shows.
Related terms
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- Hash Value
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- Presumption of Computer Regularity
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- Section 63 Certificate (BSA 2023)
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