Wyo. R. Evid. 902 (2026)

Rule 902. Self-authentication (Effective until August 1, 2019.)

(a) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(1) Domestic public documents under seal. — A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, or an Indian tribe recognized by the United States, and a signature purporting to be an attestation or execution;

(2) Domestic Public Documents Not Under Seal. — A document purporting to bear the signature in his official capacity of an officer or employee of any entity included in paragraph (1) hereof, 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) Foreign Public Documents. — 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 certifi- cation 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 of 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 docu- ments, 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. (See § 1-12-301 et seq.);

(4) Certified Copies of Public Records. — 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 rule or complying with any act of congress or rule prescribed by the Supreme Court pursuant to statutory authority;

(5) Official Publications. — Books, pamphlets, or other publications purporting to be issued by public authority;

(6) Newspapers and Periodicals. — Printed materials purporting to be newspa- pers or periodicals;

(7) 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;

(8) Acknowledged Documents. — 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;

(9) Commercial Paper and Related Documents. — Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law;

(10) Presumptions Under Acts of Congress or Statutes of Wyoming. — Any signature, document, or other matter declared by act of congress or statutes of Wyoming to be presumptively or prima facie genuine or authentic. (For public service commission, see § 1-12-201. For other than public service commission, see cross references to § 1-12-201.)

(b) Lack of record. — A written statement that after diligent search no recorder entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subdivisions (a)(1) and (a)(2) of this rule in the case of a domestic record, or complying with the requirements of subdivision (a)(3) of this rule for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry.

(c) Other proof. — This rule does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law.

(d) Seal dispensed with. — In the event any office or officer, authenticating any documents under the provisions of this rule, has no official seal, and so certifies, then authentication by seal is dispensed with. (Amended December 6, 1994, effective February 28, 1995.)

Rule 902. Self-authentication (Effective August 1, 2019.)

(a) Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(1) Domestic public documents under seal. — A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, or an Indian tribe recognized by the United States, and a signature purporting to be an attestation or execution;

(2) Domestic Public Documents Not Under Seal. — A document purporting to bear the signature in his official capacity of an officer or employee of any entity included in paragraph (1) hereof, 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) Foreign Public Documents. — 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 certifi- cation 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 of 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 docu- ments, 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. (See § 1-12-301 et seq.);

(4) Certified Copies of Public Records. — 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 rule or complying with any act of congress or rule prescribed by the Supreme Court pursuant to statutory authority;

(5) Official Publications. — Books, pamphlets, or other publications purporting to be issued by public authority;

(6) Newspapers and Periodicals. — Printed materials purporting to be newspa- pers or periodicals;

(7) 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;

(8) Acknowledged Documents. — 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;

(9) Commercial Paper and Related Documents. — Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law;

(10) Presumptions Under Acts of Congress or Statutes of Wyoming. — Any signature, document, or other matter declared by act of congress or statutes of Wyoming to be presumptively or prima facie genuine or authentic. (For public service commission, see § 1-12-201. For other than public service commission, see cross references to § 1-12-201.)

(11) Certified Domestic Records of a Regularly Conducted Activity. — The original or a copy of a domestic record that meets the requirements of Rule 803(6), as shown by a certification of the custodian or another qualified person that complies with a state or federal statute, or a rule prescribed by the Wyoming Supreme Court, that if falsely made would subject the maker to a criminal penalty. 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 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 902(a)(11), modified as follows: the certification, rather than complying with a state or federal statute or Wyoming 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 902(a)(11).

(13) Certified Records Generated by an Electronic Process or System. — A record 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 Rule 902(a)(11) or (12). The proponent must also meet the notice requirements of Rule 902(a)(11).

(14) Certified Data Copied from an Electronic Device, Storage Medium, or File. — 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 Rule 902(a)(11) or (12). The proponent also must meet the notice requirements of Rule 902(a)(11).

(b) Lack of record. — A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subdivisions (a)(1) and (a)(2) of this rule in the case of a domestic record, or complying with the requirements of subdivision (a)(3) of this rule for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry, including records generated by an electronic process or system and data copied from an electronic device.

(c) Other proof. — This rule does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law.

(d) Seal dispensed with. — In the event any office or officer, authenticating any documents under the provisions of this rule, has no official seal, and so certifies, then authentication by seal is dispensed with. (Amended December 6, 1994, effective February 28, 1995; amended May 20, 2019, effective August 1, 2019.)