Md. R. Evid. 5-902
Subject to the conditions in this Rule, the following items of evidence are self-authenticating, and, except as required by statute or this Rule, require no testimony or other extrinsic evidence of authenticity in order to be admitted:
Cross reference: See, e.g., Code, Commercial Law Article, §§ 1-202, 3-308, and 3-505.
Committee note: An objection to self-authentication under paragraph (12) of this Rule made in advance of trial does not constitute a waiver of any other ground that may be asserted as to admissibility at trial.
In a consumer debt collection action not resolved by judgment on affidavit, Code, Courts Article, § 5-1203(b)(2) requires that a debt buyer or a collector acting on behalf of a debt buyer introduce specified documents "in accordance with the Rules of Evidence applicable to actions that are not small claims actions brought under § 4-405 of this Article." Consequently, if the debt buyer or collector intends to offer business records into evidence in a small claim action without in-court testimony of a witness, the debt buyer must provide notice to the opposing party in conformance with Rule 5-902(12).
Committee note: Paragraphs 13 and 14 of this Rule are derived from Fed. R. Evid. 902(13) and (14). See Advisory Committee Notes attached to the federal provisions for an explanation of how these provisions are intended to operate.
Nothing in paragraphs (13) and (14) is intended to limit a party from establishing authenticity of electronic evidence on any ground provided in these Rules, including under Rule 5-901 or through judicial notice where appropriate.
A certification under paragraphs (13) and (14) can only establish that the proffered item is authentic. The opponent remains free to object to admissibility of the proffered item on other grounds.
Source: This Rule is in part derived from the 2020 version of Fed. R. Evid. 902 and is in part new.
Md. R. Evid. 5-902
This Rule is in part derived from F.R.Ev. 902 and in part new.
HISTORICAL NOTES
2005 Orders
The November 8, 2005, order rewrote this rule, which previously read:
"(a) Generally. Except as otherwise provided by statute, 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 subsection (a)(1) of this Rule, 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 an 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. 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, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with this Rule or complying with any applicable statute or these rules.
"(5) Official Publications. Books, pamphlets, or other publications purporting to be issued or authorized by a public agency.
"(6) Newspapers and Periodicals. Printed materials purporting to be newspapers or periodicals.
"(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. To the extent provided by applicable commercial law, commercial paper, signatures thereon, and related documents.
"Cross reference: See, e.g., Code, Commercial Law Article, §§ 1-202, 3-307, and 3-510.
"(10) Presumptions Under Statutes or Treaties. Any signature, document, or other matter declared by applicable statute or treaty to be presumptively genuine or authentic.
"(11) Certified Records of Regularly Conducted Business Activity. The original or a duplicate of a record of regularly conducted business activity, within the scope of Rule 5-803(b)(6), which the custodian or another qualified individual certifies (A) was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters, (B) is made and kept in the course of the regularly conducted business activity, and (C) was made and kept by the regularly conducted business activity as a regular practice, unless the sources of information or the method or circumstances of preparation indicate lack of trustworthiness; but a record so certified is not self-authenticating under this subsection unless the proponent makes an intention to offer it known to the adverse party and makes it available for inspection sufficiently in advance of its offer in evidence to provide the adverse party with a fair opportunity to challenge it.
"(12) Items as to Which Required Objections Not Made. Unless justice otherwise requires, any item as to which, by statute, rule, or court order, a written objection as to authenticity is required to be made before trial, and an objection was not made in conformance with the statute, rule, or order.
"Committee note: As used in this Rule "document" is a generic term. It includes public records encompassed by Code, Courts Article, § 10-204.
"(b) Definition. As used in this Rule, "certifies", "certificate", or "certification" means, with respect to a domestic record or public document, a written declaration under oath subject to the penalty of perjury and, with respect to a foreign record or public document, a written declaration signed in a foreign country which, if falsely made, would subject the maker to criminal penalty under the laws of that country. The certificate relating to a foreign record or public document must be accompanied by a final certification as to the genuineness of the signature and official position (1) of the individual executing the certificate or (2) of any foreign official who certifies the genuineness of signature and official position of the executing individual or is the last in a chain of certificates that collectively certify the genuineness of signature and official position of the executing individual. A final certificate may be made by a secretary of an 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 who is assigned or accredited to the United States.
"Source: This Rule is in part derived from F.R.Ev. 902 and in part new."
2007 Orders
The December 4, 2007, order, in the form, corrected the placement of a comma; and substituted ''of regularly conducted activity'' for ''of the regulated conducted activity''.
2016 Orders
The December 13, 2016, order, added language pertaining to Code, Courts Article, § 5-1203(b)(2) to the Committee note following subsection (b)(1).