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<i>E-Discovery:</i> Streamlining the Admissibility of ESI: Amendments to Federal Rule of Evidence 902

By Maureen O'Neill

Generally speaking, the Federal Rules of Evidence require evidence to be authenticated before it can be admitted. Typically evidence is authenticated by some form of extrinsic proof sufficient to support a finding that the evidence is what the proponent claims it is. Often that proof comes in the form of a witness who can verify the evidence through testimony.

Federal Rule of Evidence 902 sets out various types of evidence that are “self-authenticating” — evidence that needs no extrinsic proof of authenticity to be admitted. Examples of self-authenticating evidence include: public documents and records that are sealed, signed or otherwise certified; official publications; newspapers and periodicals; and certain types of certified business records.

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