KRE 902: Self-authentication

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, dis trict, 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

paragraph (1) of this rule, having no seal, if a public officer having a sea l 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 exe cuted, 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 as to the

genuineness of the signature of official position:

(A) Of the executing or attesting person; or

(B) Of any foreign official whose certificate of genuineness of signature and

official position relates to the execution or attestation.

A final certification may be made by a secretary of 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 assigned or accredited to the United

States. 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) Official records. An official record or an entry therein, when admissible for any

purpose, may be evidenced by an official publication thereof or by a copy attested

by an official having the legal custody of the record. If the office in which the

record is kept is outside the Commonwealth of Kentucky, the attested copy shall be

accompanied by a certificate that the official attesting to the accuracy of the copy

has the authority to do so. The certificate accompanying domestic records (those

from offices within the t erritorial jurisdiction of the United States) may be made by

a judge of a court of record of the district or political subdivision in which the

record is kept, authenticated by the seal of the court, or may be made by any public

officer having a seal of of fice and having official duties in the district or political

subdivision in which the record is kept, authenticated by the seal of office. The

certificate accompanying foreign records (those from offices outside the territorial

jurisdiction of the United S tates) may be made by a secretary of embassy or

legation, consul general, consul, vice consul, or consular agent or by any officer in

the foreign service of the United States stationed in the foreign state or country in

which the record is kept, and authenticated by the seal of office. A written statement

prepared by an official having the custody of a record that after diligent search no

record or entry of a specified tenor is found to exist in the records of the office,

complying with the requirements set out above, is admissible as evidence that the

records of the office contain no such record of entry.

(5) Official publications. Books, pamphlets, or other publications purporting to be

issued by public authority.

(6) Books, newspapers, and periodicals. Pr inted materials purporting to be books,

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

acknowledgement executed in the manner provided by law before a notary public or

other officer authorized by law to take acknowledgements.

(9) Commercial paper and related documents. Commercial pa per, signatures thereon,

and documents relating thereto to the extent provided by the general commercial

law.

(10) Documents which self -authenticate by the provisions of statutes or other rules of

evidence. Any signature, document, or other matter which is declared to be

presumptively genuine by Act of Congress or the General Assembly of Kentucky or

by rule of the Supreme Court of Kentucky.

(11) Business records.

(A) Unless the sources of information or other circumstances indicate lack of

trustworthiness, the original or a duplicate of a record of regularly conducted

activity within the scope of KRE 803(6) or KRE 803(7 ), which the custodian

thereof certifies:

(i) 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;

(ii) Is kept in the course of the regularly conducted activity; and

(iii) Was made by the regularly conducted activity as a regular practice.

(B) A record so certified is not self -authenticating under this paragraph unless the

proponent makes an intention to offer it known to the adverse party and makes

it av ailable for inspection sufficiently in advance of its offer in evidence to

provide the adverse party with a fair opportunity to challenge it.

(C) As used in this paragraph, "certifies" means, with respect to a domestic record,

a written declaration under o ath subject to the penalty of perjury, and, with

respect to a foreign record, a written declaration which, if falsely made, would

subject the maker to criminal penalty under the laws of that country. The

certificate relating to a foreign record must be acc ompanied by a final

certification as to the genuineness of the signature and official position:

(i) Of the individual executing the certificate; or

(ii) Of any foreign official who certifies the genuineness of signature

and official position of the executi ng 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 certification must be made by a secretary of embassy or legation,

consul general, con sul, vice consul, or consular agent or by an officer in the

foreign service of the United States stationed in the foreign state or country in

which the record is kept, and authenticated by the seal of office.