MBE Rules · Evidence
Self-Authenticating Items
FRE 902
The rule
Certified public records, official publications, newspapers, trade inscriptions, acknowledged documents, commercial paper, and certified business or electronic records (with notice) require no extrinsic authentication.
In plain English
Self-authenticating items are certain types of documents that do not require additional evidence to prove their authenticity. This includes certified public records, official publications, and other specified documents, which can be admitted into evidence without further proof.
Worked example
In a trial, a lawyer presents a certified copy of a public record showing a defendant's prior conviction. Since this document is self-authenticating, the judge admits it into evidence without requiring further authentication. The outcome is that the jury can consider the prior conviction when deliberating.
Memory hook
Self-authenticating items need no extra proof to be real.
The trap
Exams may present documents that look official but do not meet the criteria for self-authentication, leading students to mistakenly assume they are admissible without further evidence.
How examiners test it
Questions often involve a scenario where a document is introduced, and candidates must determine if it qualifies as self-authenticating based on the provided facts.
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