Texas Rule of Evidence 902 - Authenticating Certain Types of Evidence

Texas Rule of Evidence 902 deals with “authenticating” certain types of evidence.

A great deal of evidence must be “authenticated.”

Authentication Definition

Authentication means that before the Court will accept say, a document into evidence, you have to offer up outside evidence that the document is what you claim it is. This is usually accomplished by witness testimony.

Authenticating ensures that someone testifies under oath that what is being offered into evidence is genuine.

However, certain types of evidence do not require authentication.

This kind of evidence is known as “self-authenticating,” meaning the Rules say the court can accept at face value the document is what it is claimed to be and can admit it evidence.

Self-Authenticating Evidence

Texas Rule of Evidence 902 lists 11 items, all documents, that are not required to be authenticated to be accepted as evidence by the court:

Domestic Public Documents Under Seal – A public document bearing a U.S. federal or state seal that is signed does not need to be authenticated.
Domestic Public Documents Not Under Seal – A public document without a seal also does not need to be authenticated if signed by a public officer in his or her official capacity.
Foreign Public Documents – A foreign public document does not need to authenticated if signed by a person in his or her official capacity and includes a final certification of its genuineness. In certain situations, the final certification is not necessary under the Rules.
Certified Copies of Public Records – Copies of public records are not required to be authenticated so long as they are certified appropriately.
Official Publications – Books, pamphlets, and similar materials do not need to be authenticated if issued by a public authority.
Newspapers and periodicals – Newspapers and related publications do not need to be authenticated.
Trade Inscriptions and the Like – Inscriptions, signs, tags, or labels attached in the course of business and and indicating origin, control, or ownership do not need to be authenticated.
Acknowledged Documents – Documents notarized by a notary public or other officer empowered by law to make “acknowledgments” do not need to be authenticated.
Commercial Paper and Related Documents – “Commercial Paper” like promissory notes do need to be authenticated.
Business Records Accompanied by Affidavit – This is perhaps the most well-known and fought over portion of Rule 902. If a company keeps a record in the ordinary course of business, including photocopies, and the record is submitted with an appropriate affidavit testifying the document is what the party claims the document is, the record does not need to be authenticated.
Presumption Under Statutes or Other Rules – If a statute or rule elsewhere in the law says that a document should be accepted at face value, it does not need to be authenticated.