Evidence

Professor CioffiProfessor Cioffi

3/2/2011 – 3/8/20113/2/2011 – 3/8/2011

Rule 901. Requirement of Authentication or Identification[Current Rule]

a)a) General provision.General provision. The requirement of The requirement of authentication or identification as a condition authentication or identification as a condition precedent to admissibility is satisfied by precedent to admissibility is satisfied by evidence sufficient to support a finding that the evidence sufficient to support a finding that the matter in question is what its proponent claims.matter in question is what its proponent claims.

Rule 901. (cont’d)[Current Rule]

b)b) Illustrations.Illustrations. By way of illustration only, and By way of illustration only, and not by way of limitation, the following are not by way of limitation, the following are examples of authentication or identification examples of authentication or identification conforming with the requirements of this rule:conforming with the requirements of this rule:

1)1) Testimony of witness with knowledge.Testimony of witness with knowledge. Testimony that a matter is what it is claimed to Testimony that a matter is what it is claimed to be.be.

2)2) Nonexpert opinion on handwriting.Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired handwriting, based upon familiarity not acquired for purposes of the litigation.for purposes of the litigation.

3)3) Comparison by trier or expert witness.Comparison by trier or expert witness. Comparison by the trier of fact or by expert Comparison by the trier of fact or by expert witnesses with specimens which have been witnesses with specimens which have been authenticated.authenticated.

Rule 901. (cont’d)[Current Rule]

4)4) Distinctive characteristics and the like.Distinctive characteristics and the like. Appearance, contents, substance, internal Appearance, contents, substance, internal patterns, or other distinctive characteristics, patterns, or other distinctive characteristics, taken in conjunction with circumstances.taken in conjunction with circumstances.

5)5) Voice identification.Voice identification. Identification of a voice, Identification of a voice, whether heard firsthand or through mechanical or whether heard firsthand or through mechanical or electronic transmission or recording, by opinion electronic transmission or recording, by opinion based upon hearing the voice at any time under based upon hearing the voice at any time under circumstances connecting it with the alleged circumstances connecting it with the alleged speaker.speaker.

Rule 901. (cont’d)[Current Rule]

6)6) Telephone conversations.Telephone conversations. Telephone Telephone conversations, by evidence that a call was made conversations, by evidence that a call was made to the number assigned at the time by the to the number assigned at the time by the telephone company to a particular person or telephone company to a particular person or business, if (A) in the case of a person, business, if (A) in the case of a person, circumstances, including self-identification, circumstances, including self-identification, show the person answering to be the one called, show the person answering to be the one called, or (B) in the case of a business, the call was or (B) in the case of a business, the call was made to a place of business and the conversation made to a place of business and the conversation related to business reasonably transacted over the related to business reasonably transacted over the telephone.telephone.

Rule 901. (cont’d)[Current Rule]

7)7) Public records or reports.Public records or reports. Evidence that a Evidence that a writing authorized by law to be recorded or filed writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or and in fact recorded or filed in a public office, or a purported public record, report, statement, or a purported public record, report, statement, or data compilation, in any form, is from the public data compilation, in any form, is from the public office where items of this nature are kept.office where items of this nature are kept.

8)8) Ancient documents or data compilation.Ancient documents or data compilation. Evidence that a document or data compilation, Evidence that a document or data compilation, in any form, (A) is in such condition as to create in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more and (C) has been in existence 20 years or more at the time it is offered.at the time it is offered.

Rule 901. (cont’d)[Current Rule]

9)9) Process or system.Process or system. Evidence describing a Evidence describing a process or system used to produce a result and process or system used to produce a result and showing that the process or system produces an showing that the process or system produces an accurate result.accurate result.

10)10) Methods provided by statute or rule.Methods provided by statute or rule. Any Any method of authentication or identification method of authentication or identification provided by Act of Congress or by other rules provided by Act of Congress or by other rules prescribed by the Supreme Court pursuant to prescribed by the Supreme Court pursuant to statutory authority.statutory authority.

Rule 901. Authenticating or Identifying Evidence[Effective 12/1/2011]

In General.In General. To authenticate or identify an item of To authenticate or identify an item of evidence in order to have it admitted, the proponent must evidence in order to have it admitted, the proponent must produce evidence sufficient to support a finding that the produce evidence sufficient to support a finding that the item is what the proponent claims it is.item is what the proponent claims it is.

  

   (b)(b) Examples.Examples. The following are examples only — not The following are examples only — not a a complete list — of evidence that satisfies the complete list — of evidence that satisfies the requirement:requirement:

(1)(1) Testimony of a Witness with Knowledge.Testimony of a Witness with Knowledge. Testimony that an item is what it is claimed Testimony that an item is what it is claimed

to to be.be.

Rule 901. Authenticating or Identifying Evidence (cont’d)[Effective 12/1/2011]

(2)(2) Nonexpert Opinion About Handwriting.Nonexpert Opinion About Handwriting. A A nonexpert’s opinion that handwriting is nonexpert’s opinion that handwriting is genuine, based on a familiarity with it that genuine, based on a familiarity with it that

was was not acquired for the current litigation.not acquired for the current litigation.

  

(3)(3) Comparison by an Expert Witness or the Trier Comparison by an Expert Witness or the Trier of Fact.of Fact. A comparison with an authenticated A comparison with an authenticated specimen by an expert witness or the trier of specimen by an expert witness or the trier of

fact.fact.

(4)(4) Distinctive Characteristics and the Like.Distinctive Characteristics and the Like. The The appearance, contents, substance, internal appearance, contents, substance, internal patterns, or other distinctive characteristics of patterns, or other distinctive characteristics of the item, taken together with all the the item, taken together with all the circumstances.circumstances.

  

Rule 901. Authenticating or Identifying Evidence (cont’d)[Effective 12/1/2011]

(5)(5) Opinion About a Voice.Opinion About a Voice. An opinion An opinion identifying a identifying a person’s voice — person’s voice —

whether heard whether heard firsthand or through mechanical or firsthand or through mechanical or electronic electronic transmission or recording —based on transmission or recording —based on hearing hearing the voice at any time under the voice at any time under circumstances that circumstances that connect it with the alleged connect it with the alleged speaker.speaker.

  

(6)(6) Evidence About a Telephone Conversation.Evidence About a Telephone Conversation. For a telephone conversation, evidence that For a telephone conversation, evidence that a a call was made to the number assigned at the call was made to the number assigned at the

time to:time to:

    

Rule 901. Authenticating or Identifying Evidence (cont’d)[Effective 12/1/2011]

(A)(A) a particular person, if circumstances, a particular person, if circumstances, including including self-identification, show that the self-identification, show that the person person answering was the one called; oranswering was the one called; or

  

(B)(B) a particular business, if the call was made to a particular business, if the call was made to a a business and the call related to business business and the call related to business

reasonably transacted over the telephone.reasonably transacted over the telephone.

Rule 901. Authenticating or Identifying Evidence (cont’d)[Effective 12/1/2011]

(7)(7) Evidence About Public Records.Evidence About Public Records. Evidence Evidence that:that:

  

(A)(A) a record is from the a record is from the public office where public office where items of this kind are items of this kind are kept; orkept; or

(B)(B) a document was lawfully recorded or a document was lawfully recorded or filed in a public office.filed in a public office.

Rule 901. Authenticating or Identifying Evidence (cont’d)[Effective 12/1/2011]

(8)(8) Evidence About Ancient Documents or Data Evidence About Ancient Documents or Data Compilations.Compilations. For a document or data For a document or data

compilation, evidence that it:compilation, evidence that it:

(A)(A) is in a condition that creates no is in a condition that creates no suspicion about its authenticity;suspicion about its authenticity;

(B)(B) was in a place where, if authentic, it was in a place where, if authentic, it would likely be; andwould likely be; and

(C)(C) is at least 20 years old when offered.is at least 20 years old when offered.

Rule 901. Authenticating or Identifying Evidence (cont’d)[Effective 12/1/2011]

(9)(9) Evidence About a Process or System.Evidence About a Process or System. Evidence describing a process or system and Evidence describing a process or system and showing that it produces an accurate result.showing that it produces an accurate result.

  

(10)(10) Methods Provided by a Statute or Rule.Methods Provided by a Statute or Rule. Any Any method of authentication or identification method of authentication or identification

allowed by a federal statute or a rule allowed by a federal statute or a rule prescribed prescribed by the Supreme Court.by the Supreme Court.

Rule 902. Self-authentication[Current Rule]

Extrinsic evidence of authenticity as a Extrinsic evidence of authenticity as a condition precedent to admissibility is not condition precedent to admissibility is not required with respect to the following:required with respect to the following:

1)1) Domestic public documents under seal. Domestic public documents under seal. A A document bearing a seal purporting to be that of the document bearing a seal purporting to be that of the United States, or of any State, district, United States, or of any State, district, Commonwealth, territory, or insular possession Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or and a signature purporting to be an attestation or execution.execution.

Rule 902. (cont’d)[Current Rule]

2)2) Domestic public documents not under seal. Domestic public documents not under seal. A A document purporting to bear the signature in the document purporting to bear the signature in the official capacity of an officer or employee of any official capacity of an officer or employee of any entity included in paragraph (1) hereof, having no entity included in paragraph (1) hereof, having no seal, if a public officer having a seal and having seal, if a public officer having a seal and having official duties in the district or political subdivision official duties in the district or political subdivision of the officer or employee certifies under seal that of the officer or employee certifies under seal that the signer has the official capacity and that the the signer has the official capacity and that the signature is genuine.signature is genuine.

Rule 902. (cont’d)[Current Rule]

3)3) Foreign public documents. Foreign public documents. A document A document purporting to be executed or attested in an official purporting to be executed or attested in an official capacity by a person authorized by the laws of a capacity by a person authorized by the laws of a foreign country to make the execution or attestation, foreign country to make the execution or attestation, and accompanied by a final certification as to the and accompanied by a final certification as to the genuineness of the signature and official position genuineness of the signature and official position (A) of the executing or attesting person, or (B) of (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness any foreign official whose certificate of genuineness of signature and official position relates to the of signature and official position relates to the execution or attestation or is in a chain of execution or attestation or is in a chain of certificates of genuineness of signature and official certificates of genuineness of signature and official position relating to the execution or attestation. position relating to the execution or attestation.

Rule 902. (cont’d)[Current Rule]

3)3) [cont’d] A final certification may be made by a [cont’d] A final certification may be made by a secretary of an embassy or legation, consul general, secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the States, or a diplomatic or consular official of the foreign country assigned or accredited to the United foreign country assigned or accredited to the United States. If reasonable opportunity has been given to States. If reasonable opportunity has been given to all parties to investigate the authenticity and all parties to investigate the authenticity and accuracy of official documents, the court may, for accuracy of official documents, the court may, for good cause shown, order that they be treated as good cause shown, order that they be treated as presumptively authentic without final certification presumptively authentic without final certification or permit them to be evidenced by an attested or permit them to be evidenced by an attested summary with or without final certification.summary with or without final certification.

Rule 902. (cont’d)[Current Rule]

4)4) Certified copies of public records.Certified copies of public records. A copy of an A copy of an official record or report or entry therein, or of a official record or report or entry therein, or of a document authorized by law to be recorded or filed document authorized by law to be recorded or filed and actually recorded or filed in a public office, and actually recorded or filed in a public office, including data compilations in any form, certified as including data compilations in any form, certified as correct by the custodian or other person authorized to correct by the custodian or other person authorized to make the certification, by certificate complying with make the certification, by certificate complying with paragraph (1), (2), or (3) of this rule or complying with paragraph (1), (2), or (3) of this rule or complying with any Act of Congress or rule prescribed by the Supreme any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority.Court pursuant to statutory authority.

5)5) Official publications.Official publications. Books, pamphlets, or other Books, pamphlets, or other publications purporting to be issued by public publications purporting to be issued by public authority.authority.

6)6) Newspapers and periodicals.Newspapers and periodicals. Printed materials Printed materials purporting to be newspapers or periodicals.purporting to be newspapers or periodicals.

Rule 902. (cont’d)[Current Rule]

7)7) Trade inscriptions and the like.Trade inscriptions and the like. Inscriptions, signs, Inscriptions, signs, tags, or labels purporting to have been affixed in the tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, course of business and indicating ownership, control, or origin.or origin.

8)8) Acknowledged documents.Acknowledged documents. Documents accompanied Documents accompanied by a certificate of acknowledgment executed in the by a certificate of acknowledgment executed in the manner provided by law by a notary public or other manner provided by law by a notary public or other officer authorized by law to take acknowledgments.officer authorized by law to take acknowledgments.

9)9) Commercial paper and related documents.Commercial paper and related documents. Commercial paper, signatures thereon, and documents Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general relating thereto to the extent provided by general commercial law.commercial law.

10)10) Presumptions under Acts of Congress.Presumptions under Acts of Congress. Any Any signature, document, or other matter declared by Act signature, document, or other matter declared by Act of Congress to be presumptively or prima facie of Congress to be presumptively or prima facie genuine or authentic.genuine or authentic.

Rule 902. (cont’d)[Current Rule]

11)11) Certified Domestic Records of Regularly Certified Domestic Records of Regularly Conducted Activity. Conducted Activity. The original or a duplicate of a The original or a duplicate of a domestic record of regularly conducted activity that domestic record of regularly conducted activity that would be admissible under Rule 803(6) if would be admissible under Rule 803(6) if accompanied by a written declaration of its custodian accompanied by a written declaration of its custodian or other qualified person, in a manner complying or other qualified person, in a manner complying with any Act of Congress or rule prescribed by the with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority, Supreme Court pursuant to statutory authority, certifying that the record—certifying that the record—

A.A. was made at or near the time of the occurrence of the was made at or near the time of the occurrence of the matters set forth by, or from information transmitted matters set forth by, or from information transmitted by, a person with knowledge of those matters;by, a person with knowledge of those matters;

Rule 902. (cont’d)[Current Rule]

B.B. was kept in the course of the regularly conducted was kept in the course of the regularly conducted activity; andactivity; and

C.C. was made by the regularly conducted activity as a was made by the regularly conducted activity as a regular practice.regular practice.

A party intending to offer a record into evidence A party intending to offer a record into evidence under this paragraph must provide written notice of under this paragraph must provide written notice of that intention to all adverse parties, and must make that intention to all adverse parties, and must make the record and declaration available for inspection the record and declaration available for inspection sufficiently in advance of their offer into evidence sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to provide an adverse party with a fair opportunity to challenge them.to challenge them.

Rule 902. (cont’d)[Current Rule]

12)12) Certified Foreign Records of Regularly Conducted Certified Foreign Records of Regularly Conducted Activity. Activity. In a civil case, the original or a duplicate In a civil case, the original or a duplicate of a foreign record of regularly conducted activity of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian accompanied by a written declaration by its custodian or other qualified person certifying that the record—or other qualified person certifying that the record—

A.A. was made at or near the time of the occurrence of the was made at or near the time of the occurrence of the matters set forth by, or from information transmitted matters set forth by, or from information transmitted by, a person with knowledge of those matters;by, a person with knowledge of those matters;

B.B. was kept in the course of the regularly conducted was kept in the course of the regularly conducted activity; andactivity; and

C.C. was made by the regularly conducted activity as a was made by the regularly conducted activity as a regular practice.regular practice.

Rule 902. (cont’d)[Current Rule]

The declaration must be signed in a manner that, if The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal falsely made, would subject the maker to criminal penalty under the laws of the country where the penalty under the laws of the country where the declaration is signed. A party intending to offer a declaration is signed. A party intending to offer a record into evidence under this paragraph must record into evidence under this paragraph must provide written notice of that intention to all provide written notice of that intention to all adverse parties, and must make the record and adverse parties, and must make the record and declaration available for inspection sufficiently in declaration available for inspection sufficiently in advance of their offer into evidence to provide an advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge adverse party with a fair opportunity to challenge them.them.

Rule 902. Evidence That Is Self-Authenticating[Effective 12/1/2011]

The following items of evidence are self-authenticating; The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order they require no extrinsic evidence of authenticity in order to be admitted:to be admitted:

  

(1)(1) Domestic Public Documents That Are Domestic Public Documents That Are Signed and Sealed.Signed and Sealed. A document A document

that bears:that bears:

  

(A)(A) a signature purporting to be an a signature purporting to be an execution or attestation; execution or attestation;

andand

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(B)(B) a seal purporting to be that of the United a seal purporting to be that of the United States; any state, district, commonwealth, States; any state, district, commonwealth, territory, or insular possession of the United territory, or insular possession of the United States; the former Panama Canal Zone; the States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a Trust Territory of the Pacific Islands; a political subdivision of any of these entities; political subdivision of any of these entities; or a department, agency, or officer of any or a department, agency, or officer of any entity named above.entity named above.

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(2)(2) Domestic Public Documents That Are Domestic Public Documents That Are Signed But Not Sealed.Signed But Not Sealed. A document A document

that that bears no seal if: bears no seal if:

(A)(A) it bears the signature of an officer or it bears the signature of an officer or employee of an entity named employee of an entity named

in Rule in Rule 902(1)(B); and902(1)(B); and

   (B)(B) another public officer who has a seal another public officer who has a seal and official duties within that and official duties within that

same same entity certifies under seal — entity certifies under seal — or its or its equivalent — that the signer equivalent — that the signer has the has the official capacity and official capacity and that the signature that the signature is genuine.is genuine.

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(3)(3) Foreign Public Documents.Foreign Public Documents. A document A document that purports to be signed or attested by a that purports to be signed or attested by a person who is authorized by a foreign person who is authorized by a foreign country’s law to do so. The document must country’s law to do so. The document must be accompanied by a final certification that be accompanied by a final certification that certifies the genuineness of the signature certifies the genuineness of the signature and official position of the signer or attester and official position of the signer or attester — or of any foreign official whose — or of any foreign official whose certificate of genuineness relates to the certificate of genuineness relates to the signature or attestation or is in a chain of signature or attestation or is in a chain of certificates of genuineness relating to the certificates of genuineness relating to the signature or attestation. The certification signature or attestation. The certification may be made by a secretary of a United may be made by a secretary of a United States embassy or legation; by a consulStates embassy or legation; by a consul

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

general, vice consul, or consular agent of the United general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United foreign country assigned or accredited to the United States. If all parties have been given a reasonable States. If all parties have been given a reasonable opportunity to investigate the document’s authenticity opportunity to investigate the document’s authenticity and accuracy, the court may, for good cause, either:and accuracy, the court may, for good cause, either:

  

(A)(A) order that it be treated as presumptively authentic order that it be treated as presumptively authentic without final certification; orwithout final certification; or

(B)(B) allow it to be evidenced by an attested summary allow it to be evidenced by an attested summary with with or without final certification.or without final certification.

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(4)(4) Certified Copies of Public Records.Certified Copies of Public Records. A copy of an A copy of an official record — or a copy of a document that official record — or a copy of a document that

was was lawfully recorded or filed in a public office — if lawfully recorded or filed in a public office — if the the copy is certified as correct by:copy is certified as correct by:

(A)(A) the custodian or another person authorized the custodian or another person authorized to to make the certification; ormake the certification; or

(B)(B) a certificate that complies with Rule a certificate that complies with Rule 902(1), 902(1), (2), or (3), a federal statute, (2), or (3), a federal statute, or a rule or a rule prescribed by the prescribed by the Supreme Court.Supreme Court.

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(5)(5) Official Publications.Official Publications. A book, pamphlet, or other A book, pamphlet, or other publication purporting to be issued by a public publication purporting to be issued by a public authority.authority.

  

(6)(6) Newspapers and Periodicals.Newspapers and Periodicals. Printed material Printed material purporting to be a newspaper or periodical.purporting to be a newspaper or periodical.

  (7)(7) Trade Inscriptions and the Like.Trade Inscriptions and the Like. An inscription, An inscription, sign, tag, or label purporting to have been affixed sign, tag, or label purporting to have been affixed

in in the course of business and indicating origin, the course of business and indicating origin, ownership, or control.ownership, or control.

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(8)(8) Acknowledged Documents.Acknowledged Documents. A document A document accompanied by a certificate of acknowledgment that accompanied by a certificate of acknowledgment that is is lawfully signed by a notary public or another lawfully signed by a notary public or another officer officer who is authorized to take acknowledgments.who is authorized to take acknowledgments.

   (9)(9) Commercial Paper and Related Documents.Commercial Paper and Related Documents. Commercial paper, a signature on it, and related Commercial paper, a signature on it, and related documents, to the extent allowed by general documents, to the extent allowed by general commercial law.commercial law.

   (10)(10) Presumptions Under a Federal Statute.Presumptions Under a Federal Statute. A A

signature, document, or anything else that a federal signature, document, or anything else that a federal

statute declares to be presumptively or prima facie statute declares to be presumptively or prima facie genuine or authentic. genuine or authentic.

  

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(11)(11) Certified Domestic Records of a Regularly Certified Domestic Records of a Regularly Conducted Activity.Conducted Activity. The original or a copy of a The original or a copy of a domestic record that meets the requirements of domestic record that meets the requirements of Rule 803(6), modified as follows: the conditions Rule 803(6), modified as follows: the conditions referred to in 803(6)(D) must be shown by a referred to in 803(6)(D) must be shown by a certification of the custodian or another qualified certification of the custodian or another qualified person that complies with a federal statute or a rule person that complies with a federal statute or a rule prescribed by the Supreme Court. Before the trial prescribed by the Supreme Court. Before the trial or hearing, the proponent must give an adverse or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer party reasonable written notice of the intent to offer the record — and must make the record and the record — and must make the record and certification available for inspection — so that the certification available for inspection — so that the party has a fair opportunity to challenge them.party has a fair opportunity to challenge them.

Rule 902. Evidence That Is Self-Authenticating(cont’d)[Effective 12/1/2011]

(12)(12) Certified Foreign Records of a Regularly Certified Foreign Records of a Regularly Conducted Activity.Conducted Activity. In a civil case, the original or In a civil case, the original or a copy of a foreign record that meets the a copy of a foreign record that meets the requirements of Rule 902(11), modified as follows: requirements of Rule 902(11), modified as follows: the certification, rather than complying with a the certification, rather than complying with a federal statute or Supreme Court rule, must be federal statute or Supreme Court rule, must be signed in a manner that, if falsely made, would signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the subject the maker to a criminal penalty in the country where the certification is signed. The country where the certification is signed. The proponent must also meet the notice requirements proponent must also meet the notice requirements of Rule 902(11).of Rule 902(11).

Rule 903. Subscribing Witness’ Testimony Unnecessary[Current Rule]

The testimony of a subscribing witness is The testimony of a subscribing witness is not necessary to authenticate a writing unless not necessary to authenticate a writing unless required by the laws of the jurisdiction whose required by the laws of the jurisdiction whose laws govern the validity of the writing.laws govern the validity of the writing.

Rule 903. Subscribing Witness’s Testimony [Effective 12/1/2011]

A subscribing witness’s testimony is necessary A subscribing witness’s testimony is necessary to authenticate a writing only if required by the to authenticate a writing only if required by the law of the jurisdiction that governs its validity.law of the jurisdiction that governs its validity.