Introduction: ER 902, part of Washington’s evidence law, deals with the concept of self-authentication. This rule outlines certain types of documents and materials that do not require extrinsic evidence to be admitted into court as authentic. Understanding ER 902 is crucial for legal practitioners, as it simplifies the process of proving the authenticity of certain evidence, saving time and reducing the burden on the courts. This article explores the key provisions of ER 902 and its practical applications in Washington State courts.

Key Provisions of ER 902:

1. Domestic Public Documents Under Seal: ER 902(a) states that documents bearing a seal from a recognized governmental entity, such as the United States or any state, are considered self-authenticating. The seal, along with a signature indicating attestation or execution, is sufficient to establish authenticity without needing further evidence.
2. Domestic Public Documents Not Under Seal: According to ER 902(b), even if a document does not bear a seal, it can still be self-authenticating if it includes the signature of an official in their official capacity. This signature must be certified by a public officer with a seal, affirming the signer’s official capacity and the genuineness of the signature.
3. Foreign Public Documents: ER 902(c) covers foreign public documents, which can be self-authenticating if they are executed or attested by a person authorized under the laws of the foreign country. The document must include a final certification as to the genuineness of the signature and the official position of the signer, either by a U.S. consular official or a foreign diplomatic representative accredited to the U.S.
4. Certified Copies of Public Records: Under ER 902(d), certified copies of public records, or documents legally required to be recorded or filed in public offices, are self-authenticating if they are certified as correct by the custodian or other authorized individual. The certification must comply with the appropriate sections of ER 902 or relevant laws.
5. Official Publications: ER 902(e) allows books, pamphlets, or other publications issued by public authority to be self-authenticating, eliminating the need for additional evidence to prove their authenticity.
6. Newspapers and Periodicals: ER 902(f) states that printed materials purporting to be newspapers or periodicals are self-authenticating. This means that their authenticity is presumed, and they can be admitted without further proof.
7. Trade Inscriptions and Similar Items: According to ER 902(g), trade inscriptions, signs, tags, or labels affixed in the course of business, indicating ownership, control, or origin, are self-authenticating. This provision is particularly relevant in cases involving trademark or product liability disputes.
8. Acknowledged Documents: ER 902(h) covers documents accompanied by a certificate of acknowledgment executed by a notary public or other authorized officer. Such documents are considered self-authenticating, streamlining their admission into evidence.
9. Commercial Paper and Related Documents: ER 902(i) allows commercial paper, signatures, and related documents to be self-authenticating to the extent provided by general commercial law. This provision is essential in financial and business litigation.
10. Presumptions Created by Law: ER 902(j) includes any signature, document, or other matter declared by law to be presumptively or prima facie genuine or authentic. These items are automatically considered self-authenticating under the rule.

Practical Implications: ER 902 simplifies the evidentiary process by allowing certain documents to be admitted into evidence without the need for additional authentication. This rule is particularly useful in cases involving public records, official publications, and commercial transactions. By understanding and utilizing ER 902, attorneys can streamline the introduction of evidence and focus on the substantive issues of the case.

For a complete understanding of the rule, you can review the full text of ER 902 here.

Conclusion: ER 902 is an essential rule that facilitates the efficient admission of certain documents and materials into evidence by eliminating the need for extrinsic authentication. By recognizing the self-authenticating nature of these items, the rule helps maintain the integrity of the judicial process while reducing the burden on the courts.

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