In Re: Order Approving the Amendment of Pa Rules of Evidence 901(a), 902(4), 902(6) & 902(12)

Summary

This document is the Final Report of the Pennsylvania Supreme Court’s Committee on Rules of Evidence concerning amendments to Pennsylvania Rules of Evidence 901(a), 902(4), 902(6), and 902(12). The amendments address stipulated authentication, electronic certifications of public records, authentication of digital newspapers and periodicals, and correction of an error concerning certified foreign records of regularly conducted activity. The amendments were ordered on November 4, 2019, and became effective January 1, 2020.

Holdings

1. Rule 901(a) was amended to provide that authentication is unnecessary when stipulated by the parties.
2. Rule 902(4)(B) was amended to facilitate electronic certification of copies of public records; the amendment does not prohibit pen-and-ink signatures or raised seals.
3. Rule 902(6) was amended to remove the word "printed," so newspaper and periodical material may be self-authenticating whether it exists in print or digital form.
4. Rule 902(12) was amended to restore the substance of the 2004 amendment that had been inadvertently removed during the 2013 restyling.

Questions Presented

1. Whether Pennsylvania Rule of Evidence 901(a) should expressly permit parties to stipulate to authentication.
2. Whether Pennsylvania Rule of Evidence 902(4)(B) should permit electronic certifications of copies of public records without requiring pen-and-ink signatures or raised seals.
3. Whether Pennsylvania Rule of Evidence 902(6) should extend self-authentication to newspaper and periodical material regardless of whether it exists in print or digital form.
4. Whether Pennsylvania Rule of Evidence 902(12) should be amended to restore language inadvertently removed during the 2013 restyling.

Disposition

approved