Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
Minn. R. Evid. 902
Committee Comment-1989
The rules retain the existing practice of dispensing with the authentication requirement for certain documentary evidence. Because of the difficulty and inconvenience that would result if formal authentication was required and the slight risk of fraud or forgery, certain documents are deemed to be self-authenticating. The fulfillment of the authentication requirement does not preclude the opposing party from attacking the genuineness of the evidence to detract from the weight to be given it by the trier offact.
Rule 902(1)
Consistent with principles of common law, public documents under seal are self-authenticating. See gen. Minnesota Statutes, sections 175.11 and 600.13(1974). See also Minn.R.Civ.P. 44.01.
Rule 902(2)
The naked signature of a public employee or officer is not sufficient to authenticate the document. However, if accompanied by a certification under seal by a second public officer under the circumstances set out in the rule, the document becomes self-authenticating
Rule 902(3)
Rule 902(3) was adapted from Fed.R.Civ.P. 44, (Minn.R.Civ.P. 44.01(2) ) .
Rule 902(4)
Consistent with the common law, certified copies of public records need no additional authentication. See Minnesota Statutes, section 600.13(1974) andMinn.R.Civ.P. 44.01. The rule requires that the copy be of a public or official record, that the custodian or other authorized person certify the copy, and that the certificate comply with rule 902(1-3) , a specific statute, or other court rule. The contents of the certificate should generally indicate the status of the signer in relation to the custody of the document, and the accuracy of the copy.
Rule 902(5)
This provision is generally consistent with existing practice. See, e.g., Minn.R.Civ.P. 44, Minnesota Statutes, sections 599.02, 648.33(1974).
Rule 902(6)
The provision alters the common law, by placing the burden to contest the genuineness of newspapers and other periodicals on the party opposing the offer. Cf. Minnesota Statutes, sections 600.10-12(1974). It is based on the theory that the likelihood of forgery in these matters is slight and the inconvenience and expense involved by requiring authentication is not justified. The rule speaks only to authentication. The admissibility of such evidence can be challenged pursuant to other rules of evidence.
Rule 902(7)
The rule is based on the unlikelihood of forgery of a trade inscription. In addition, the business community accepts and relies upon the trustworthiness of trade inscriptions. Although this rule is not unquestioned at common law, it represents a reasoned view that is supported in the case law. See United States Supreme Court Advisory Committee Note and cases cited therein.
Rule 902 (8, 9)
These provisions are consistent with existing practice. Minnesota Statutes, section 600.14(1974). See Minnesota Statutes, section 358.15(1974) for the parties authorized to take acknowledgments and Minnesota Statutes, sections 358.34-37(1974) for the manner of taking acknowledgments. The evidentiary rule is not intended to affect the legal requirements for establishing a valid, executed will set forth by the Uniform Probate Code, Minnesota Statutes, section 524.1-101 et seq. (1974) . See in particular, Minnesota Statutes 1975 Supplement, section 524.2-501 et seq. The authentication of commercial paper is governed by statutory law. See e.g., Minnesota Statutes, sections 336.1-202, 336.3307, 336.3-510 and 336.8-105(1974).
Rule 902(10)
In addition to the provisions in these rules, evidence can be authenticated pursuant to specific statutes.
Rule 902(11)
Uniform Rule 902(11) adds business records to those writings that are self-authenticating. The Committee considered Rule 902(11) and recommends against adopting it.
Under present Minnesota law, the authentication requirement for business records is found in Rule 803(6) (..."all as shown by the testimony of the custodian or other qualified witness,...") . The extensive discovery available in both civil and criminal procedures provides a vehicle for resolving authentication issues before trial. The authentication requirement is generally waived. With respect to the minority of cases in which the parties cannot resolve the issue prior to trial, the committee took the view that a party should have the right to insist upon the proof required by Rule 803(6) . For these reasons the committee decided not to recommend that business records be added to the list of self-authenticating documents, and recommends that Uniform Rule 902(11) not be adopted.