THE COURTS
Title 225--RULES OF EVIDENCE
[225 PA. CODE ART. IX]
Order Adopting Amendment to Rule 902(12) and Comment Revision; No. 327 Supreme Court Rules; Doc. No. 1
[34 Pa.B. 1429]
Order Per Curiam:
Now, this 23rd day of February 2004, upon the recommendation of the Committee on Rules of Evidence, this proposal along with a Final Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule of Evidence 902(12) and the revision of Comment is hereby amended in the following form.
This Order shall be processed immediately in accordance with Pa.R.J.A. 103(b), and shall be effective May 1, 2004.
Annex A
TITLE 225. RULES OF EVIDENCE
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION Rule 902. Self-Authentication.
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
* * * * * (12) Certified foreign records of regularly conducted activity. [In a civil case, the] The original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian or other qualified person certifying that the record--
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Comment * * * * * Paragraphs (11) and (12), which were added in 2001, permit the authentication of domestic and foreign records of regularly conducted activity by certification. This is new to Pennsylvania law for records of regularly conducted activity, but is consistent with Pa.R.E. 902(2), (3), and (4) which permit authentication of various kinds of public documents and records by certification. [These paragraphs are similar to F.R.E. 902(11) and (12) that were adopted effective December 1, 2000. The language of Pa.R.E. 902(11) differs from F.R.E. 902(11) in that it refers to Pa.R.C.P. 76 rather than to Federal law. The amendment is intended to implement the amendment to Pa.R.E. 803(6).] Pa.R.E. 902(11) is similar to F.R.E. 902(11). The language of Pa.R.E. 902(11) differs from F.R.E. 902(11) in that it refers to Pa.R.C.P. 76 rather than to federal law. Pa.R.E. 902(12) differs from F.R.E. 902(12) in that the words ''in a civil case'' are deleted. The words ''in a civil case'' appear in F.R.E. 902(12) because certification of foreign business records in federal criminal cases is allowed by 18 U.S.C. § 3505. Pennsylvania has no comparable statute. Instead, Pa.R.E. 902(12), as amended, allows certification of foreign business records in Pennsylvania criminal cases, as well as civil cases. The addition of paragraphs (11) and (12) is intended to implement the amendment of Pa.R.E. 803(6).
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FINAL REPORT
Amendment of Pa.R.E. 902(12) and Comment Revision On February 17, 2004, upon the recommendation of the Committee on Rules of Evidence, the Supreme Court adopted the changes to Pa.R.E. 902(12) and comment effective May 1, 2004. These changes are made to correct an anomaly in the Rule. In its present form, in a criminal case, a foreign business record cannot be qualified by certification. A custodian or otherwise qualified witness must be produced. However, in a civil case, a foreign business record may be qualified as such by certification. In both civil and criminal cases, a domestic business record may be qualified by certification. The amended rule and comment revision correct this anomaly in the Rule and permit qualification of foreign business records in criminal cases by certification.
[Pa.B. Doc. No. 04-418. Filed for public inspection March 12, 2004, 9:00 a.m.]
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