IN THE
SUPREME COURT OF INDIANA
CASE NUMBER:
ORDER AMENDING RULES OF EVIDENCE
Under the authority vested in this court
to provide by rule for the procedure employed in all courts of this state and
this Court’s inherent authority to supervise the administration of all courts
of this state, Rule 902 of the Indiana Rules of Evidence is amended to read as
follows (deletions shown by striking and new test shown by underlining):
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
(1)
Domestic public documents. The
original or a duplicate of a domestic official record proved in the following
manner: provided by Trial Rule 44(A)(1). An official record
kept within the United States, or any state, district, commonwealth, territory,
or insular possession thereof, or within the Panama Canal Zone, the Trust
Territory of the Pacific Islands, or the Ryukyu Islands, or an entry therein,
when admissible for any purpose, may be evidenced by an official publication
thereof or by a copy attested by the officer having the legal custody of the
record, or by his deputy. Such
publication or copy need not be accompanied by proof that such officer has the
custody. Proof that such officer does
or does not have custody of the record may be made by the certificate of a
judge of a court of record of the district or political subdivision in which
the record is kept, authenticated by the seal of the court, or may be made by
any public officer having a seal of office and having official duties in the
district or political subdivision in which the record is kept, authenticated by
the seal of his office.
(2)
Foreign public documents. The
original or a duplicate of a foreign official record proved in the following
manner: provided by Trial Rule 44(A)(2). A foreign official record, or an entry
therein, when admissible for any purpose, may be evidenced by an official
publication thereof; or a copy thereof,
attested by a person authorized to make the attestation, and accompanied by a
final certification as to the genuineness of the signature and official
position:
(a) of the attesting person; or
(b) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation.
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 the documents, the court may, for good cause shown:
(i) admit an attested copy without final certification; or
(ii) permit the foreign official record to be evidenced by an attested summary with or without a final certification.
(3) Official publications. Books, pamphlets, or other publications issued by public authority.
(4) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.
(5) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.
(6) Acknowledged documents. Original 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.
(7) Commercial paper and related documents. Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.
(8) Presumptions created by law. Any signature, document, or other matter declared by any law of the United States or of this state, to be presumptively or prima facie genuine or authentic.
(9) Certified domestic records of regularly conducted activity. Unless the source of information or the circumstances of preparation indicate lack of trustworthiness, the original or a duplicate of a domestic record of regularly conducted activity within the scope of Rule 803(6), which the custodian thereof or another qualified person certifies under oath (i) was 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 those matters; (ii) is kept in the course of the regularly conducted activity, and (iii) was made by the regularly conducted activity as a regular practice. A record so certified is not self-authenticating under this subsection unless the proponent makes an intention to offer it known to the adverse party and makes it available for inspection sufficiently in advance of its offer in evidence to provide the adverse party with a fair opportunity to challenge it.
(10) Certified foreign records of regularly conducted activity. Unless the source of information or the circumstances of preparation indicate lack of trustworthiness, the original or a duplicate of a foreign record of regularly conducted activity within the scope of Rule 803(6), which is accompanied by a written declaration by the custodian thereof or another qualified person that the record (i) was 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 those matters; (ii) is kept in the course of the regularly conducted activity; and (iii) was made by the regularly conducted activity as a regular practice. The record must be signed in a foreign country in a manner which, if falsely made, would subject the maker to criminal penalty under the laws of that country, and the signature certified by a government official in the manner provided in Trial Rule 44(A)(2). The record is not self-authenticating under this subsection unless the proponent makes his or her intention to offer it known to the adverse party and makes it available for inspection sufficiently in advance of its offer in evidence to provide the adverse party with a fair opportunity to challenge it.
This amendment shall take effect January 1, 2004.
The Clerk of this Court is directed to forward a copy of this order to the clerk of each circuit court in the state of Indiana; Attorney General of Indiana; Legislative Services Agency and its Office of Code Revision; Administrator, Indiana Supreme Court; Administrator, Indiana Court of Appeals; Administrator, Indiana Tax Court; Public Defender of Indiana; Prosecuting Attorney’s Council; Indiana Supreme Court Disciplinary Commission; Indiana Supreme Court Commission for Continuing Legal Education; Indiana Board of Law Examiners; Indiana Judicial Center; Division of State Court Administration; Indiana Judges and Lawyers Assistance Program; the libraries of all law schools in this state; the Michie Company; and the West Group.
The West Group is directed to publish this Order in the advance sheets of this Court.
The Clerks of the Circuit Courts are directed to bring this Order to the attention of all judges within their respective counties and to post this Order for examination by the Bar and general public.
DONE at Indianapolis, Indiana, this _______ day of July, 2003.
_________________________________
Acting Chief Justice of Indiana
All Justices concur.