N.M. R. Evid. 11-902

As amended through May 8, 2024

Rule 11-902 - 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; a Federally Recognized American Indian Tribe or Nation; 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 11-902(1)(a) NMRA, 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 consult 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 11-902(1), (2), or (3), a statute, or a rule prescribed by the Supreme Court.

(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 a statute. A signature, document, or anything else that a statute 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 11-803(6)(a) to (c) NMRA, as shown by a certification of the custodian or another qualified person that complies with a statute or a rule prescribed by the Supreme Court. 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 11-902(11) NMRA, modified as follows: the certification, rather than complying with a statute or Supreme Court rule, 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 11-902(11) NMRA.

N.M. R. Evid. 11-902

As amended, effective 4/1/1976;12/1/1993; as amended by Supreme Court Order No. 07-8300-023, effective 11/1/2007; by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after6/16/2012.

Committee commentary. - The language of Rule 11-902 NMRA was amended in 2012 to be consistent with the restyling of the Federal Rules of Evidence, effective December 1, 2011, to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on admissibility. The internal lettering of the rule was also changed to conform to the numbering of the federal rule. The committee added the seal of a Federally Recognized American Indian Tribe or Nation to the list of seals in Paragraph (1)(a) of this rule.

[As amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.]

ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012, rewrote the title of the rule and the rule to make stylistic changes. The 2007 amendment, approved by Supreme Court Order No. 07-8300-023, effective November 1, 2007, added new Paragraphs K and L that incorporate the provisions added to the federal rule on self-authentication that were added to the federal rules in 2000, setting forth a procedure by which parties can authenticate certain records of regularly conducted activity, other than through the testimony of a foundation witness. See the 2007 amendment to Rule 11-803(F) NMRA. The notice requirements are intended to give the opponent of the evidence a full opportunity to test the adequacy of the foundation set forth in the declaration. The 1993 amendment, effective December 1, 1993, substituted "the official" for "his official" in Paragraph B, substituted "an official" for "his official" in Paragraph C, inserted "an" preceding "embassy" and substituted "court" for "judge" in Subparagraph C(2), and substituted "or any Supreme Court rule" for "or rule adopted by the supreme court" at the end of Paragraph D. Compiler's notes. - This rule is similar to Rule 902 of the Federal Rules of Evidence. This rule is deemed to have superseded those provisions in former Rule 44(a)(2), (3) and (5), N.M.R. Civ. P. (now see Rule 1-044 NMRA), concerning authentication documents.

For admissibility of duplicates and other evidence of contents, see Rules 11-1001 to 11-1005 NMRA. For admissibility of electronic records and signatures, see Section 14-16-13 NMSA 1978. For admissibility of abstracts of title, see Sections 38-7-3 and 38-7-4 NMSA 1978. For judicial notice, see Rule 1-044 NMRA. Self-authentication of official reports or records. - If writing purports to be an official report or record and is proved to have come from proper public office where such official papers are kept, it is generally agreed that this authenticates offered document as genuine. This result is founded on probability that officers in custody of such records will carry out their public duty to receive or record only genuine official papers and reports. State v. Miller, 1968-NMSC-054, 79 N.M. 117, 440 P.2d 792 (decided before enactment of this rule). Authentication of penitentiary records. - Certification by the record manager of a penitentiary that photographs and fingerprint cards are true and correct copies of the original records of the defendant, certification by the warden that the records manager was in fact the records manager, had custody of the original records and that the signature of the records manager was genuine and the penitentiary seal accompanying the warden's signature, are sufficient to authenticate the documents under Paragraphs A and D. State v. Padilla, 1978-NMCA-060, 92 N.M. 19, 582 P.2d 396, cert. denied, 92 N.M. 180, 585 P.2d 324. Public record is admissible after authentication and proof of admissibility under hearsay exceptions. State v. Ellis, 1980-NMCA-187, 95 N.M. 427, 622 P.2d 1047. Irrelevant that signature of attestation not same as typed name on form. - Where a document bears the seal of a state agency and a signature of attestation, it is irrelevant that the signature does not match a typed name on the form. State v. Stout, 1981-NMSC-045, 96 N.M. 29, 627 P.2d 871. Reports from state police crime laboratory could not be self-authenticating because they were not under seal and were not offered in their original form. Defendant had sought to introduce altered reports which eliminated references to revolver which was suppressed as fruit of an unlawful search, but because counsel declined trial court's invitation to lay a foundation for admission of altered reports, trial court was within its discretion in not allowing them. State v. Ramirez, 1976-NMCA-101, 89 N.M. 635, 556 P.2d 43, overruled on other grounds, City of Albuquerque v. Haywood, 1998-NMCA-029, 124 N.M. 661, 954 P.2d 93, cert. denied, 124 N.M. 589, 953 P.2d 1087. Sworn affidavit corroborating evidence. - Sworn affidavit prepared more than one year prior to decedent's death by attorney of recognized integrity and stating that each questioned transaction originated as a gift to defendant and that purpose of affidavit was to protect him against any assertion that such moneys were a loan instead of a gift constituted convincing corroborative evidence of defendant's claim, as required 20-2-5, 1953 Comp. (now repealed). Goodwin v. Travis, 1954-NMSC-068, 58 N.M. 465, 272 P.2d 672 (decided before enactment of this rule). Documents not properly admitted. Levy v. Disharoon, 1988-NMSC-009, 106 N.M. 699, 749 P.2d 84. Law reviews. - For article, "Survey of New Mexico Law, 1979-80: Evidence," see 11 N.M.L. Rev. 159 (1981). For article, "Evidence," see 12 N.M.L. Rev. 379 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. - 29A Am. Jur. 2d Evidence § 1180 et seq.; 32B Am. Jur. 2d Federal Rules of Evidence §§244, 250, 252, 276, 290 to 301, 311, 317. Sufficiency, under Federal Civil Procedure Rule 44(a)(1), of authentication of copy of domestic official record, 2 A.L.R. Fed. 306. 1A C.J.S. Acknowledgments § 1 et seq.; 32A C.J.S. Evidence §§ 819, 820, 827, 834 et seq., 883, 903, 967, 1003.