§ 90.902, Fla. Stat. — Self-Authentication
Plain English
Some documents are reliable enough on their face that you don’t need a witness to authenticate them — they authenticate themselves. Section 90.902 lists the categories: government documents under seal, certified public records, official publications, newspapers and periodicals, trade inscriptions and labels, commercial paper, notarized/certified documents, and — the modern workhorses — certified business records under subsection (11) (including records kept in a foreign country) and certain published legal notices. This is the shortcut that lets you put in medical records, bank statements, and the like by certification rather than dragging a records custodian to the courthouse.
From the Courtroom
Subsection (11) quietly changed litigation. Certified business records come in without a live custodian — so the prepared lawyer gathers the certification early and skips the trial-week scramble of subpoenaing a records clerk. The other side’s only real counter is to challenge the certification before trial, which is exactly why you serve it with time to spare.
Key Points & Authority
- § 90.902, Fla. Stat. — Lists twelve categories of self-authenticating evidence requiring no extrinsic proof of authenticity.
- Subsection (11): certified business records (domestic or foreign) that would be admissible under § 90.803(6) self-authenticate with a custodian’s certification — pairs directly with the business-records hearsay exception.
- Federal parallel: Fed. R. Evid. 902, including the certified-records provisions in FRE 902(11)–(12).
Federal Parallel
The federal counterpart is Fed. R. Evid. 902, which lists closely matching self-authenticating categories and, in 902(11)–(12), the certified domestic and foreign business-records provisions that mirror Florida’s § 90.902(11).
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for:
(1) A document bearing a seal purporting to be that of the United States or any state, district, commonwealth, territory, or insular possession (or a court, political subdivision, department, officer, or agency of any of them), and a signature by the custodian attesting to the authenticity of the seal.
(2) A document not bearing a seal but purporting to bear the signature, in official capacity, of an officer or employee of an entity listed in subsection (1).
(3) An official foreign document executed or attested by an authorized person in official capacity and accompanied by a final certification of the genuineness of the signature and official position (with the certification procedures and presumptive-authenticity provisions stated in the statute).
(4) A certified copy of an official public record, report, or entry, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, certified as correct by the custodian or other authorized person.
(5) Books, pamphlets, or other publications purporting to be issued by a governmental authority.
(6) Printed materials purporting to be newspapers or periodicals.
(7) Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.
(8) Commercial papers and signatures thereon and documents relating to them, to the extent provided in the Uniform Commercial Code.
(9) Any signature, document, or other matter declared by the Legislature to be presumptively or prima facie genuine or authentic.
(10) Any document properly certified under the law of the jurisdiction where the certification is made.
(11) An original or duplicate of evidence admissible under s. 90.803(6), maintained in a foreign or domestic location and accompanied by a custodian’s certification or declaration that the record was made at or near the time by (or from information transmitted by) a person with knowledge, kept in the course of the regularly conducted activity, and made as a regular practice — provided a false certification would subject the maker to criminal penalty.
(12) A legal notice published in accordance with chapter 50 in the print edition of a qualified newspaper or on a publicly accessible website as provided in s. 50.0311.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.902 lists categories of self-authenticating evidence that need no extrinsic proof of authenticity, including sealed/certified government documents, official publications, newspapers, trade inscriptions, commercial paper, and certified domestic or foreign business records under subsection (11).