Commercial Litigation and Arbitration

Printout of Official Record from Government Website Self-Authenticating within Fed.R.Evid. 902(5)

From Weingartner Lumber & Supply Co. v. Kadant Composites, LLC, 2010 U.S. Dist. LEXIS 24918 (E.D. Ky. Mar. 10, 2010):

In this internet, tech-savvy age, accessing official records from government websites is commonplace. Publicly maintained records downloaded from a government website would likely be self-authenticating under Fed. R. Evid. 902(5). The rule provides:

Rule 902. Self-authentication — Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

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

The documents presented do indicate assurances of authenticity. For example, each document downloaded bears the U.S. Securities and Exchange Commissions web address, the date and title of each document, and the date and time the document was accessed and downloaded. Accordingly, the Court considered the exhibits ****.

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