Delaware Trial Handbook § 19:4. SELF-AUTHENTICATING DOCUMENTS

Certain categories of documents are deemed to be self-authenticating, with no requirement of extrinsic evidence of authenticity as a condition precedent to admissibility. Such documents include:

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 containing a signature purporting to be an attestation or execution.32

Domestic Public Documents Not Under Seal. A document purporting to bear the signature in his official capacity of an officer or employee of any entity described in the previous paragraph, 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.33

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 as to the genuineness of the signature and official position (i) of the executing or attesting person,  or (ii) of any foreign official whose  certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating 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.34

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 or actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with any of the previous three paragraphs or complying with any law of the United States or of Delaware.35

Official Publications. Books, pamphlets or other publications purporting to be issued by public authority.36

Newspapers And Periodicals. Printed materials purporting to be newspapers or periodicals.37

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.38

Acknowledged Documents. Documents accompanied by a certificate of acknowledgement executed in the manner provided by law by a notary public or other officer authorized by law to take  acknowledgements.39

Commercial Paper And Related Documents. Commercial papers, signatures thereon and documents related, thereto to the extent provided by general commercial law.40

Presumptions Created By Law. Any signature, document or other matter declared by any law of the United States or Delaware to be presumptively prima facie genuine or authentic.41

Certified Domestic Records of Regularly Conducted Activity.  The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under the hearsay exception for records of regularly conducted activity41.1 if accompanied by a written declaration of its custodian or other qualified person, in a manner complying with any law of the United States or of Delaware, certifying that the record (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 these matters; (B) was kept in the course of regularly conducted activity; and (C) was made by the regularly conducted activity as a regular practice.  A party intending to offer a record into evidence under this rule must provide written notice of such intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.41.2

Certified Foreign Records of Regularly Conducted Activity.  In civil cases, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under the hearsay exception for records of regularly conducted activity41.1 if accompanied by a written declaration of its custodian or other qualified person, in a manner complying with any law of the United States or of Delaware, certifying that the record (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 these matters; (B) was kept in the course of regularly conducted activity; and (C) was made by the regularly conducted activity as a regular practice.  The declaration must be made in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this rule must provide written notice of such intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.41.3

Further, the testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.42

32. D.R.E. 902(1).

33. D.R.E. 902(2).

34. D.R.E. 902(3).  See also Fam. Ct. Civ. R. 44(a)(2).

35. D.R.E. 902(4).  See also Fam. Ct. Civ. R. 44(a)(1).

36. D.R.E. 902(5).

37. D.R.E. 902(6).

38. D.R.E. 902(7).

39. D.R.E. 902(8).

40. D.R.E. 902(9).

41. D.R.E. 902(10).

41.1. D.R.E. 803(6).

41.2. D.R.E. 902(11).

41.3. D.R.E. 902(12).

42. D.R.E. 903.

© 2010  David L. Finger