§12-2902. Self-authentication.
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/ok/title-12-civil-procedure/12-2902·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
1. A document bearing a seal purporting to be that of the United States or of any state, district, commonwealth, territory or insular possession thereof, including the Panama Canal Zone, or the trust territory of the Pacific Islands, or of a political
subdivision, department, office or agency thereof, and a signature purporting to be an attestation or execution;
2. A document purporting to bear the signature in his official capacity of an officer or employee of any entity included in paragraph 1 of this section, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine;
3. A document purporting to be executed or attested in his official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position:
a. of the executing or attesting person, or
b. of any foreign official whose certificate of
genuineness of signature and official position relates
to the execution or attestation or is in a chain of
certificates of genuineness or signature and official
position relating to the execution or 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
official documents, the court may, for good cause
shown, order that they be treated as presumptively
authentic without final certification or permit them
to be evidenced by an attested summary with or without
final certification;
4. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph 1, 2 or 3 of this section or complying with any statute or by rules prescribed by the Supreme Court pursuant to statutory authority;
5. Books, pamphlets or other publications purporting to be issued by public 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. Records accompanied by a certificate of acknowledgment under the hand and the seal of a notary public or other officer authorized by law to take acknowledgments;
9. Commercial paper, signatures thereon, and related records to the extent provided by general commercial law;
10. Any signature, record or other matter declared by act of the Legislature to be presumptively or prima facie genuine or authentic;
11. The original or a duplicate of a domestic record of acts, events, conditions, opinions, or diagnoses if:
a. the document is accompanied by a written declaration
under oath of the custodian of the record, or other
qualified individual that the record was made, at or
near the time of the occurrence of the matters set
forth by or from information transmitted by a person
having knowledge of those matters; was kept in the
course of the regularly conducted business activity;
and was made pursuant to the regularly conducted
activity,
b. the party intending to offer the record in evidence
gives notice of that intention to all adverse parties
and makes the record available for inspection
sufficiently in advance of its offer to provide the
adverse parties with a fair opportunity to challenge
the record, and
c. notice is given to the proponent, sufficiently in
advance of the offer to provide the proponent with a
fair opportunity to meet the objection or obtain the
testimony of a foundation witness, raising a genuine
question as to the trustworthiness or authenticity of
the record;
12. The original or a duplicate of a record from a foreign country of acts, events, conditions, opinions, or diagnoses if:
a. the document is accompanied by a written declaration
under oath of the custodian of the record, or other
qualified individual that the record was made, at or
near the time of the occurrence of the matters set
forth by or from information transmitted by a person
having knowledge of those matters; was kept in the
course of a regularly conducted business activity; and
was made pursuant to the regularly conducted activity,
b. the party intending to offer the record in evidence
gives notice of that intention to all adverse parties
and makes the record available for inspection
sufficiently in advance of its offer to provide the
adverse parties with a fair opportunity to challenge
the record, and
c.
notice is given to the proponent, sufficiently in
advance of the offer to provide the proponent with a
fair opportunity to meet the objection or obtain the
testimony of a foundation witness, raising a genuine
question as to the trustworthiness or authenticity of
the record;
13. Records generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person that complies with the certification requirements of paragraph 11 or 12 of this section. The proponent shall also meet the notice requirements of paragraph 11 of this section; and
14. Data copied from an electronic device, storage medium, or file, if authenticated by a process of digital identification, as shown by a certification of a qualified person that complies with the certification requirements of paragraph 11 or 12 of this section. The proponent shall also meet the notice requirements of paragraph 11 of this section. Added by Laws 1978, c. 285, § 902, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 63, eff. Nov. 1, 2002; Laws 2024, c. 19, § 1, eff. Nov. 1, 2024.