Del. R. Evid. 902

As amended through December 15, 2023

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 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:

(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 complying with any law of the United States or of this State.

(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 Under Law. A signature, document, or anything else that a federal statute or law of this State 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 federal statute or a law of this State. 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 Rule 902(11), modified as follows: the certification, rather than complying with a federal statute or a law of this State, 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).

Del. R. Evid. 902

Amended November 28, 2017, effective 1/1/2018.

Comment

D.R.E. 902(1), (2), (3), 4(A), (5), (6), (7), (8) and (9) track F.R.E. Rule 902(1), (2), (3), 4(A), (5), (6), (7), (8) and (9).

D.R.E. 902(4)(B) tracks F.R.E. 902(4)(B) except that it omits the reference to a rule prescribed by the Supreme Court and includes a reference to State law.

D.R.E. 902(10) tracks F.R.E. 902(10) except that it includes a reference to State law.

D.R.E. 902(11) and (12) track F.R.E. 902(11) and (12) except that they omit the reference to Supreme Court rules and include a reference to State law.

D.R.E. 902 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. The pre-2017 "Comment" to D.R.E. 902 was revised only as necessary to reflect the 2017 amendments and the current language of F.R.E. 902. There is no intent to change any result in ruling on evidence admissibility.