1) Definitions. Terms used in this subsection
(b) have the meanings ascribed in Section 400.730(b).
2) Extrinsic evidence of authenticity as a
condition precedent to admissibility is not required for the following:
A) Domestic Public Documents Under Seal. A
document bearing a seal, with a signature purporting to be an attestation or
execution of that seal, purporting to be that of:
i) the United States;
ii) any state;
iii) any U.S. district, commonwealth,
territory or insular possession;
iv) the Panama Canal Zone;
v) the Trust Territory of the Pacific
Islands; or
vi) a political
subdivision, department, officer or agency of any of these political
subdivisions.
B) 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 described in
subsection (b)(2)(A) 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.
C)
Foreign Public Documents
i) A document
purporting to be executed or attested to in an official capacity by a person
authorized by the laws of a foreign country to make the execution or
attestation, and accompanied by a final certification as to the genuineness of
the signature and official position of:
* the executing or attesting person; or
* any foreign official whose certificate of genuineness of
signature and official position relates to the execution or attestation or is
in a chain of certificates of genuineness of signature and official position
relating to the execution of attestation.
ii) A final certification may be made by a
secretary of embassy or legation, consul general, consul, vice consul, or
consular agent of the United States, or a diplomatic or consular official of
the foreign country assigned or accredited to the United States. If reasonable
opportunity has been given to all parties to investigate the authenticity and
accuracy of official documents, the court may, for good cause shown:
* order that those documents be treated as presumptively
authentic without final certification; or
* permit them to be evidenced by an attested summary with or
without final certification.
D) Certified Copies of Public Records. A copy
of an official record or report of entry into those records, or of a document
authorized by law to be recorded or filed and actually recorded or filed in a
public office, including data compilations in any form, certified as correct by
the custodian or other person authorized to make the certification, by
certificate complying with subsection (b)(2)(A), (B) or (C) or complying with
any Act of Congress, rule prescribed by the Supreme Court pursuant to statutory
authority, or an applicable regulation prescribed pursuant to statutory
authority.
E) Documents or Records
of the United States Accompanied by Attesting Certificates. Documents or
records kept under the authority of the United States by any U.S. department,
bureau, agency, office or court when attached to or accompanied by an attesting
certificate of the custodian of the document or record without further
authentication.
F) Official
Publications. Books, pamphlets or other publications purporting to be issued by
public authority.
G) Newspapers and
Periodicals. Printed material purporting to be newspapers or
periodicals.
H) Trade Inscriptions,
Etc. Inscriptions, signs, tags or labels purporting to have been affixed in the
course of business and indicating ownership, control, content, ingredients or
origin.
I) 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.
J) Commercial
Paper and Related Documents. Commercial paper, signatures on those papers, and
documents relating to those papers, to the extent provided by general
commercial law.
K) Presumptions
Under Acts of Congress and Regulations. Any signature, document or other matter
declared by Act of Congress or by applicable regulation prescribed pursuant to
statutory authority to be presumptively, or prima facie, genuine or
authentic.
L) Certified Domestic
Records of Regularly Conducted Activity
The original or a duplicate of a domestic record of regularly
conducted activity that would be admissible under Section 400.720(c)(6) if
accompanied by a written certification of its custodian or other qualified
person, in a manner complying with any Act of Congress or rule prescribed by
the Supreme Court pursuant to statutory authority, certifying that the record
was:
i) made at or near the time of
the occurrence of the matters set forth by, or from information transmitted by,
a person with knowledge of these matters;
ii) kept in the course of the regularly
conducted activity; and
iii) made
by the regularly conducted activity as a regular practice. The word
"certification" as used in this subsection (b)(2)(L) means, with respect to a
domestic record, a written declaration under oath subject to the penalty of
perjury and, with respect to a record maintained or located in a foreign
country, a written declaration signed in a country that, if falsely made, would
subject the maker to criminal penalty under the laws of that country. A party
intending to offer a record into evidence under this subsection (b)(2)(L) must
provide written notice of that intention to all adverse parties, and must make
the record and declaration available for inspection sufficiently in advance of
their offer into evidence to provide an adverse party with a fair opportunity
to challenge them. (Il. Mil. R. Evid. 902)