§902 Self-authentication

• Library: Evidence Restated Deskbook (2021 Ed.)

§902 Self-Authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to any document, record, or other writing that is provided by statute to be self-authenticating when the proof requirements of the particular statute are met.

Notes

This section constitutes the major exception to the authentication requirements generally imposed by Missouri caselaw. See §901, supra. The following discussion cites both cases and statutes bearing on the multitude of document types. The discussion is categorized below as follows:

A. Public documents

B. Official publications

C. Trade inscriptions and the like

D. Documents that are acknowledged, sworn to, or certified

E. Commercial paper and related documents

F. Miscellaneous documents and writings received in evidence

In general

The fact that a document is "self-authenticating" does not necessarily mean that it is admissible because there are other obstacles to admissibility, including relevancy, hearsay, and the best evidence rule. Accordingly, numerous Missouri cases declare that, before a document may be admitted into evidence, it must overcome those obstacles as well as authentication. SeeHadlock v. Dir. of Revenue, 860 S.W.2d 335, 337 (Mo. banc 1993).

See §801 of this deskbook for the definition of hearsay and §802 of this deskbook for the general rule regarding the inadmissibility of hearsay.

See §1002 of this deskbook for a discussion of whether copies of certain documents may be admitted under the best evidence rule.

Missouri statutes that eliminate the requirement of authentication

A. Public documents

"Unlike the federal rules of evidence, Missouri has no statutory or common law provision as to all public documents. Rather, Missouri has a number of statutes that remove some or all of the standard requirements of admission for various public documents," including the obstacles of authentication, best evidence rule, and hearsay. Hadlock v. Dir. of Revenue, 860 S.W.2d 335, 337 (Mo. banc 1993). Generally, language appearing in a statute in regard to a document such as "shall be admissible as evidence in all courts of this state" or "shall be evidence in this state" makes the document admissible "subject only to their relevancy to the case at hand." Id. But if the statutory language in regard to copies of documents provides not only that they must be admissible as evidence in courts of the state but adds "in the same manner and with like effect as the originals," it simply indicates the legislative intent to eliminate the need for the original documents under the best evidence rule but not to eliminate objections based on authentication and hearsay. Id. at 337–38.

Official records of the United States and sister states—§ 490.220, RSMo 2016

Section 490.220, RSMo 2016, deals with official records of the United States and sister states. The statute creates a hearsay exception and eliminates the foundation requirements of authentication and best evidence, Rodriguez v. Suzuki Motor Corp., 996 S.W.2d 47, 55 (Mo. banc 1999), thereby eliminating "the inconvenience and expense of live but generally uncontested foundation testimony," Hadlock v. Dir. of Revenue, 860 S.W.2d 335, 337 (Mo. banc 1993).

Section 490.220 states:

All records and exemplifications of office books, kept in any public office of the United States, or of a sister state, not appertaining to a court, shall be evidence in this state, if attested by the keeper of said record or books, and the seal of his office, if there be a seal.

The statute makes official records of the United States and sister states "admissible" if they are relevant to the case. Hadlock, 860 S.W.2d at 337. There is no requirement for admission that a party produce evidence that the records are reliable or trustworthy. Eltiste v. Ford Motor Co., 167 S.W.3d 742, 749 (Mo. App. E.D. 2005); see also (emphasis added):

· Record of a missing, detained, dead, or alive person:

- Section 456.035.2, RSMo 2016 ("A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.")

- Section 472.290(2), RSMo 2016 (probate code proceedings) ("A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence, sufficient to support a judicial finding, of the status and of the dates, circumstances, and places disclosed by the record or report.")

· Death certificates:

- Section 456.035.1 ("A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the deceased settlor, trustee, beneficiary or other interested person.")

- Section 472.290(1) (probate code proceedings) ("A certified or authenticated copy of a death certificate issued by an official or agency of the place where the death occurred is prima facie proof of the fact, place, date, time of death, and the identity of the decedent.")

· Wills. Section 474.380, RSMo 2016 ("Any [foreign] will admitted to probate in any state, territory or district of the United States, together with the order admitting the same to probate therein, authenticated according to act of congress, shall be admitted to probate in this state in any county where real estate is affected thereby, or filed in the office of the recorder of deeds in such county. All wills so authenticated, admitted to probate in any county, or filed for record in any recorder's office, give notice thereof, and they, or certified copies thereof, shall be admitted as evidence in all courts in this state.").

· Certified statute book of other states. Section 490.030, RSMo 2016 ("Copies of any act, law, resolution or constitution, contained in any printed statute book of a sister state or territory, shall be received in any of the courts of this state as prima facie evidence of the act, law, resolution or constitution contained therein; provided, the secretary of state of such state or territory, or the secretary of state of this state, shall certify that the same is a correct copy, under his hand and seal of office, and shall set out in his certificate, in full, the title page of such printed books.").

· Printed federal acts. Section 490.050, RSMo 2016 ("Copies of any act, law or resolution contained in any . . . book [containing the acts of the Congress of the United States, purporting to be published by authority of congress, or by authority of the United States], now or hereafter deposited in the office of the secretary of state, certified under the hand and official seal of said secretary, shall be received in evidence.").

· Certified record of courts. Section 490.130, RSMo 2016 (The record of judicial proceedings of any court of the United States or of any state is also admissible "if attested by the clerk thereof, with the seal of the court annexed, if there be a seal, and certified by the judge, chief justice or presiding associate circuit judge of the court to be attested in due form.").

· Copies of letters received by register of land office from land department of the United States. Section 490.210, RSMo 2016 ("Copies of any letter or letters received by the register or receiver of any land office, as aforesaid, from any superior officer in the land department of the United States, concerning the official action of the said register or receiver, certified by the said register or receiver to be correct, shall be legal evidence in the trial of any cause in any court in this state.").

· Exemplification by President and others. Section 490.230, RSMo 2016 ("Exemplifications from the books of the executive department of the United States, or any papers filed therein, shall be evidence when attested by the President or the chief of either of the departments, or from any state or territory, of like books or papers, when attested by the governor or the secretary of state thereof, under his official seal.").

Other public records

The Hadlock decision. As discussed above—see §902.A (public documents)—use of the following language, or similar language, in a Missouri statute dealing with a public record:

· "shall be admissible as evidence in all courts of this state"; or

· "shall be evidence in this state,"

generally makes the public document admissible in Missouri over a hearsay, best evidence, and authentication objection unless the statute contains other language, such as "in the same manner and with like effect as the originals," the "such as" language revealing a legislative intent to require hearsay and authentication foundation requirements. Hadlock v. Dir. of Revenue, 860 S.W.2d 335, 337–38 (Mo. banc 1993).

Certified or attested public documents

Following are statutes that appear to make certain public documents admissible if certified or attested, using the test provided by Hadlock v. Director of Revenue, 860 S.W.2d 335, 337–38 (Mo. banc 1993) (see the discussion in the preceding paragraph, The Hadlock decision) (emphasis added):

· Certified copies of official acts of the General Assembly, commission, and Governor. Section 28.090, RSMo 2016 ("[The secretary of state] shall make out and deliver to every person requiring the same copies of any act, resolution, order of the general assembly, commission or other official act of the governor, roll, record, document, paper, bond or recognizance, deposited in his office by law, and shall certify such copies, under his hand, and affix thereto the seal of his office; and such copies shall be admitted as evidencein all courts of this state.").

· Certified accounts, vouchers, and other papers relating to the settlement of any account...