Rule 11-902 NMRA
Rule 11-902. Evidence that is self-authenticating.
The following items of evidence are self-authenticating; they require no extrinsic
evidence of authenticity in order to be admitted:
(1)
Domestic public documents that are sealed and signed. A document
that bears
(a) a seal purporting to be that of the United States; any state, district,
commonwealth, territory, or insular possession of the United States; a Federally
Recognized American Indian Tribe or Nation; the former Panama Canal Zone; the Trust
Territory of the Pacific Islands; a political subdivision of any of these entities; or a
department, agency, or officer of any entity named above, and
(b) a signature purporting to be an execution or attestation.
(2)
Domestic public documents that are not sealed but are signed and
certified. A document that bears no seal if
(a) it bears the signature of an officer or employee of an entity named in Rule
11-902(1)(a) NMRA, and
(b) another public officer who has a seal and official duties within that same
entity certifies under seal – or its equivalent – that the signer has the official capacity
and that the signature is genuine.
(3)
Foreign public documents. A document that purports to be signed or
attested by a person who is authorized by a foreign country’s law to do so. The
document must be accompanied by a final certification that certifies the genuineness of
the signature and official position of the signer or attester – or of any foreign official
whose certificate of genuineness relates to the signature or attestation or is in a chain of
certificates of genuineness relating to the signature or attestation. The certification may
be made by a secretary of a United States embassy or legation; by a consult general,
vice consul, or consular agent of the United States; or by a diplomatic or consular
official of the foreign country assigned or accredited to the United States. If all parties
have been given a reasonable opportunity to investigate the document’s authenticity
and accuracy, the court may, for good cause, either
(a) order that it be treated as presumptively authentic without final
certification, or
(b) allow it to be evidenced by an attested summary with or without final
certification.
(4)
Certified copies of public records. A copy of an official record – or a
copy of a document that was recorded or filed in a public office as authorized by law – if
the copy is certified as correct by
(a) the custodian or another person authorized to make the certification, or
(b) a certificate that complies with Rule 11-902(1), (2), or (3), a statute, or a
rule prescribed by the Supreme Court.
(5)
Official publications. A book, pamphlet, or other publication purporting to
be issued by a public authority.
(6)
Newspapers and periodicals. Printed material purporting to be a
newspaper or periodical.
(7)
Trade inscriptions and the like. An inscription, sign, tag, or label
purporting to have been affixed in the course of business and indicating origin,
ownership, or control.
(8)
Acknowledged documents. A document accompanied by a certificate of
acknowledgment that is lawfully executed by a notary public or another officer who is
authorized to take acknowledgments.
(9)
Commercial paper and related documents. Commercial paper, a
signature on it, and related documents, to the extent allowed by general commercial
law.
(10)
Presumptions under a statute. A signature, document, or anything else
that a statute declares to be presumptively or prima facie genuine or authentic.
(11)
Certified domestic records of a regularly conducted activity. The
original or a copy of a domestic record that meets the requirements of Rule 11-803(6)(a)
to (c) NMRA, as shown by a certification of the custodian or another qualified person
that complies with a statute or a rule prescribed by the Supreme Court. Before the trial
or hearing, the proponent must give an adverse party reasonable written notice of the
intent to offer the record – and must make the record and certification available for
inspection – so that the party has a fair opportunity to challenge them.
(12)
Certified foreign records of a regularly conducted activity. In a civil
case, the original or a copy of a foreign record that meets the requirements of Rule 11-
902(11) NMRA, modified as follows: the certification, rather than complying with a
statute or Supreme Court rule, must be signed in a manner that, if falsely made, would
subject the maker to a criminal penalty in the country where the certification is signed.
The proponent must also meet the notice requirements of Rule 11-902(11) NMRA.