The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:
N.d. R. Evid. 902
Rule 902 was amended, effective March 1, 1990; March 1, 2014; March 1, 2019.
Rule 902 is based on Fed.R.Ev.. It represents a relaxation of the common law requirement of authentication by creating a presumption that certain documents and records are authentic and thereby placing the burden of showing lack of genuineness on the party opposing introduction of the offered evidence. This has been done by statute for certain public documents, records, and certified copies. Rule 902 extends the benefits of this presumption to private documents in which the risk of falsification is slight.
Rule 902 was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Paragraphs (11) and (12) were added to the rule, effectiveMarch 1, 2014. The intent of these provisions is to allow the foundation for admission of a record of a regularly conducted activity to be established by a certificate made under penalty of perjury rather than by live testimony. Paragraphs (11) and (12) also establish a notice requirement, which is intended to provide an opposing party a fair opportunity to test the adequacy of the foundation provided in the certification.
Paragraphs (13) and (14) were added to the rule, effective____________, to provide a means for self-authentication of designated electronic material.
Rule 902 was amended, effectiveMarch 1, 2014, in response to theDecember 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Paragraphs (13) and (14) amended December 11, 2018, effective March 1, 2019.
SOURCES: Joint Procedure Committee Minutes of April 25-26, 2013, pages 18-21; January 31-February, 2013, pages 23-24;September 27, 2012, page 22-24; March 24-25, 1988, pages 15-16;December 3, 1987, page 15;June 3, 1976, pages 10-12, 14;October 1, 1975, pages 8, 9. Fed.R.Ev.; Rule 902, SBAND proposal.
CONSIDERED: N.D.C.C. ch. 31-09; N.D.C.C. §§, 16-13-11, , , , .
N.D.R.Ev. 301 (Presumptions in a Civil Case Generally) N.D.R.Ev. 803 (Exceptions to the Rule Against Hearsay Regardless of Whether the Declarant is Available as a Witness); N.D.R.Civ.P. 44 (Proving an Official Record); N.D.R.Crim.P. 27 (Proof of Official Record).