Tex. R. Evid. 902

Evidence That Is Self-Authenticating

sha256 b6379a9118734a7142986d09ebdc91f5… · retrieved 7/15/2026, 8:29:38 PM · Supreme Court of Texas official rules PDF — txcourts.gov, verbatim · awaiting human verification flip (text is verbatim; the flip is the review gate)

Rule 902. Evidence That Is Self-Authenticating
The following items of evidence are self-authenticating; they require no extrinsic evidence of
authenticity in order to be admitted:
56
(1) Domestic Public Documents That Are Sealed and Signed. A document that bears:
(A) a seal purporting to be that of the United States; any state, district,
commonwealth, territory, or insular possession of the United States; the
former Panama Canal Zone; the Trust Territory of the Pacific Islands; a
political subdivision of any of these entities; or a department, agency, or
officer of any entity named above; and
(B) a signature purporting to be an execution or attestation.
(2) Domestic Public Documents That Are Not Sealed But Are Signed and Certified.
A document that bears no seal if:
(A) it bears the signature of an officer or employee of an entity named in Rule
902(1)(A); and
(B) another public officer who has a seal and official duties within that same
entity certifies under seal—or its equivalent—that the signer has the official
capacity and that the signature is genuine.
(3) Foreign Public Documents. A document that purports to be signed or attested by
a person who is authorized by a foreign country’s law to do so.
(A) In General. The document must be accompanied by a final certification that
certifies the genuineness of the signature and official position of the signer
or attester—or of any foreign official whose certificate of genuineness
relates to the signature or attestation or is in a chain of certificates of
genuineness relating to the signature or attestation. The certification may be
made by a secretary of a United States embassy or legation; by a consul
general, vice consul, or consular agent of the United States; or by a
diplomatic or consular official of the foreign country assigned or accredited
to the United States.
(B) If Parties Have Reasonable Opportunity to Investigate. If all parties have
been given a reasonable opportunity to investigate the document’s
authenticity and accuracy, the court may, for good cause, either:
(i) order that it be treated as presumptively authentic without final
certification; or
(ii) allow it to be evidenced by an attested summary with or without
final certification.
(C) If a Treaty Abolishes or Displaces the Final Certification Requirement.
If the United States and the foreign country in which the official record is
located are parties to a treaty or convention that abolishes or displaces the
57
final certification requirement, the record and attestation must be certified
under the terms of the treaty or convention.
(4) Certified Copies of Public Records. A copy of an official record—or a copy of a
document that was recorded or filed in a public office as authorized by law—if the
copy is certified as correct by:
(A) the custodian or another person authorized to make the certification; or
(B) a certificate that complies with Rule 902(1), (2), or (3), a statute, or a rule
prescribed under statutory authority.
(5) Official Publications. A book, pamphlet, or other publication purporting to be
issued by a public authority.
(6) Newspapers and Periodicals. Printed material purporting to be a newspaper or
periodical.
(7) Trade Inscriptions and the Like. An inscription, sign, tag, or label purporting to
have been affixed in the course of business and indicating origin, ownership, or
control.
(8) Acknowledged Documents. A document accompanied by a certificate of
acknowledgment that is lawfully executed by a notary public or another officer who
is authorized to take acknowledgments.
(9) Commercial Paper and Related Documents. Commercial paper, a signature on it,
and related documents, to the extent allowed by general commercial law.
(10) Business Records Accompanied by Affidavit. The original or a copy of a record
that meets the requirements of Rule 803(6) or (7), if the record is accompanied by
an affidavit that complies with subparagraph (B) of this rule and any other
requirements of law, and the record and affidavit are served in accordance with
subparagraph (A). For good cause shown, the court may order that a business record
be treated as presumptively authentic even if the proponent fails to comply with
subparagraph (A).
(A) Service Requirement. The proponent of a record must serve the record and
the accompanying affidavit on each other party to the case at least 14 days
before trial. The record and affidavit may be served by any method
permitted by Rule of Civil Procedure 21a.
(B) Form of Affidavit. An affidavit is sufficient if it includes the following
language, but this form is not exclusive. The proponent may use an unsworn
declaration made under penalty of perjury in place of an affidavit.
58
1. I am the custodian of records [or I am an employee or owner] of
__________ and am familiar with the manner in which its records
are created and maintained by virtue of my duties and
responsibilities.
2. Attached are ____ pages of records. These are the original records
or exact duplicates of the original records.
3. The records were made at or near the time of each act, event,
condition, opinion, or diagnosis set forth. [or It is the regular
practice of __________ to make this type of record at or near the
time of each act, event, condition, opinion, or diagnosis set forth in
the record.]
4. The records were made by, or from information transmitted by,
persons with knowledge of the matters set forth. [or It is the regular
practice of __________ for this type of record to be made by, or
from information transmitted by, persons with knowledge of the
matters set forth in them.]
5. The records were kept in the course of regularly conducted business
activity. [or It is the regular practice of __________ to keep this type
of record in the course of regularly conducted business activity.]
6. It is the regular practice of the business activity to make the records.
(11) Presumptions Under a Statute or Rule. A signature, document, or anything else
that a statute or rule prescribed under statutory authority declares to be
presumptively or prima facie genuine or authentic.
Notes and Comments
Comment to 2013 Change: Rule 902(10)(c) is added to provide a form affidavit for proof of
medical expenses. The affidavit is intended to comport with Section 41.0105 of the Civil Practice
and Remedies Code, which allows evidence of only those medical expenses that have been paid
or will be paid, after any required credits or adjustments. See Haygood v. Escabedo, 356 S.W.3d
390 (Tex. 2011). The records attached to the affidavit must also meet the admissibility standard of
Haygood, 356 S.W.3d at 399-400 (“[O]nly evidence of recoverable medical expenses is admissible
at trial.”).
Comment to 2014 Change: At the direction of the Legislature, the requirement that records be
filed with the court before trial has been removed. See Act of May 17, 2013, 83rd Leg., R.S., ch.
560, § 3, 2013 Tex. Gen. Laws 1509, 1510 (SB 679). The word “affidavit” in this rule includes an
unsworn declaration made under penalty of perjury. TEX. CIV. PRAC. & REM. CODE § 132.001. The
reference to “any other requirements of law” incorporates the requirements of Sections 18.001 and
18.002 of the Civil Practice and Remedies Code for affidavits offered as prima facie proof of the
59
cost or necessity of services or medical expenses. The form medical expenses affidavit that was
added to this rule in 2013 has been removed as unnecessary. It can now be found in Section
18.002(b-1) of the Civil Practice and Remedies Code.

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.