§ 28.07 Public Records and Reports: FRE 901(b)(7)

• Jurisdiction: North Carolina

§ 28.07 Public Records and Reports: FRE 901(b)(7)

Public (government) records may be authenticated by showing they were retrieved from the correct place of custody—i.e., the governmental repository for that type of record. The federal drafters noted: "Public records are regularly authenticated by proof of custody, without more. The rule extends the principle to include data stored in computers and similar methods."³⁷

This rule deals with only one method of authenticating public records. Many public records are self-authenticating under Rule 902. In addition, Rule 901(b)(10) provides that any method of authentication recognized by statute or rule may be used, and the authentication of public records is often addressed in statutes. The Federal Rules also recognize hearsay³⁸ and best evidence rule³⁹ exceptions for public records. An original public record is rarely seen at trial. Instead, certified copies are used.

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Notes:

^[37] Fed. R. Evid. 901 advisory committee's note. See also United States v. Browne, 834 F.3d 403, 415 (3d Cir. 2016) ("This record reflects abundant evidence linking Browne and the testifying victims to the chats conducted through the Button Facebook account and reflected in the logs procured...