§ 4.04 THE AUTHENTICATION OF OFFICIAL WRITINGS

• Jurisdiction: North Carolina

§ 4.04 THE AUTHENTICATION OF OFFICIAL WRITINGS

[1] THE DOCTRINE

The government often possesses information relevant to the outcome of civil and criminal actions. Thus, it frequently becomes necessary for one of the parties to introduce an official record. It would obviously be inconvenient to require public officials to appear in court to authenticate official records; their appearance would not only divert them from their official duties but also create the risk of the record's loss.

Even before the enactment of statutes such as Rule 902(11) rendering some private business records self-authenticating, almost every jurisdiction adopted the rule that a properly attested copy of an official record is self-authenticating. The party obtains a copy of the official record from the official custodian, and the custodian attaches an attesting certificate. The certificate reads along these lines: "I, Robert Dondero, certify that I am the County Clerk of San Francisco, California, and that the attached document is a true and accurate copy of an original, official record in my custody." The certificate is signed and often bears the seal of the official's office. The courts have developed the doctrine that the purported signature or seal of an official is presumed to be authentic. Federal Rule of Evidence 902 treats domestic public documents under seal as self-authenticating.

[2] ELEMENTS OF THE FOUNDATION

The mechanics of introducing a properly attested copy of an official record are simple; the elements of the foundation include:

1. The document purports to be a copy of an official record.
2. A certificate is attached to the copy.
3. The certificate states that the signatory is a public custodian of official records.
4. The certificate states that the document is a true and accurate copy of an original, official record.
5. The certificate bears a presumptively authentic signature and/or seal.

[3] SAMPLE FOUNDATION

The fact situation is a probate contest. At one point in the trial, the contestant must prove that a Jean Simmons was born in San Francisco, California, in 2000. The contestant is the proponent. The contestant is attempting to introduce a copy of a birth certificate in the custody of the San Francisco County Clerk. The hearing is a bench trial without a jury.

P Your Honor, I request that this be marked contestant's exhibit number four for identification.

J It will be so marked.

P Please let the record reflect that I am showing the exhibit to the opposing...