Rule 5-902. Self–Authentication

(1) 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 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 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.

(3) Foreign Public Documents A document that purports to be signed or attested by a person who is authorized by a foreign country's law to do so. The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester--or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or attestation. The certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States. If all parties have been given a reasonable opportunity to investigate the document's authenticity and accuracy, the court may, for good cause, either:

(A) order that it be treated as presumptively authentic without final certification; or

(B) allow it to be evidenced by an attested summary with or without final certification.

(4) 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 and actually recorded or filed in a public office, including data compilations, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with this Rule or complying with any applicable statute or these rules.

(5) Official Publications Books, pamphlets, or other publications purporting to be issued or authorized by a public agency.

(6) Newspapers and Periodicals Printed materials purporting to be 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 acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.

(9) Commercial Paper and Related Documents To the extent provided by applicable commercial law, commercial paper, signatures thereon, and related documents.

(10) Presumptions Under Statutes or Treaties Any signature, document, or other matter declared by applicable statute or treaty to be presumptively genuine or authentic.

(11) Items as to Which Required Objections Not Made Unless justice otherwise requires, any item as to which, by statute, rule, or court order, a written objection as to authenticity is required to be made before trial, and an objection was not made in conformance with the statute, rule, or order.

(12) Certified Records of Regularly Conducted Activity The original or a copy of a record of a regularly conducted activity that meets the requirements of Rule 5-803 (b)(6)(A)-(D) and has been certified in a Certification of Custodian of Records or Other Qualified Individual Form substantially in compliance with such a form approved by the State Court Administrator and posted on the Judiciary website, provided that, before the trial or hearing in which the record will be offered into evidence, the proponent (A) gives an adverse party reasonable written notice of the intent to offer the record and (B) makes the record and certification available for inspection so that the adverse party has a fair opportunity to challenge them on the ground that the sources of information or the method or circumstances of preparation indicate lack of trustworthiness.

Committee note: An objection to self-authentication under paragraph (12) of this Rule made in advance of trial does not constitute a waiver of any other ground that may be asserted as to admissibility at trial.

In a consumer debt collection action not resolved by judgment on affidavit, Code, Courts Article, § 5-1203 (b)(2) requires that a debt buyer or a collector acting on behalf of a debt buyer introduce specified documents “in accordance with the Rules of Evidence applicable to actions that are not small claims actions brought under § 4-405 of this Article.” Consequently, if the debt buyer or collector intends to offer business records into evidence in a small claim action without in-court testimony of a witness, the debt buyer must provide notice to the opposing party in conformance with Rule 5-902 (12).

(13) Certified Records Generated by an Electronic Process or System A record generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person that complies with the certification and notification requirements of paragraph (12) of this Rule.

(14) Certified Data Copied from an Electronic Device, Storage Medium, or File Data copied from an electronic device, storage medium, or file, if authenticated by a process of digital identification, as shown by a certification of a qualified person that complies with the certification and notification requirements of paragraph (12) of this Rule.

Committee note: Paragraphs 13 and 14 of this Rule are derived from Fed. R. Evid. 902 (13) and (14). See Advisory Committee Notes attached to the federal provisions for an explanation of how these provisions are intended to operate.

Nothing in paragraphs (13) and (14) is intended to limit a party from establishing authenticity of electronic evidence on any ground provided in these Rules, including under Rule 5-901 or through judicial notice where appropriate.

A certification under paragraphs (13) and (14) can only establish that the proffered item is authentic. The opponent remains free to object to admissibility of the proffered item on other grounds.

Committee Notes

Cross reference: See, e.g., Code, Commercial Law Article, §§ 1-202, 3-308, and 3-505. Source: This Rule is in part derived from the 2020 version of Fed. R. Evid. 902 and is in part new.