2008 edition - Fort Sam Houston - U.S. Army

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 paragraphs (1), (2), or (3) of this rule or complying
with any Act of Congress, rule prescribed by
the Supreme Court pursuant to statutory authority, or
an applicable regulation prescribed pursuant to statutory
authority.
(4a) Documents or records of the United States accompanied
by attesting certificates. Documents or
records kept under the authority of the United States
by any department, bureau, agency, office, or court
thereof when attached to or accompanied by an attesting
certificate of the custodian of the document
or record without further authentication.
(5) Official publications. Books, pamphlets, or other
p u b l i c a t i o n s p u r p o r t i n g t o b e i s s u e d b y p u b l i c
authority.
( 6 ) N e w s p a p e r s a n d p e r i o d i c a l s . P r i n t e d m a t e r i a l
purporting to be newspapers or periodicals.
( 7 ) T r a d e i n s c r i p t i o n s a n d t h e l i k e . I n s c r i p t i o n s ,
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
o t h e r o f f i c e r a u t h o r i z e d b y l a w t o t a k e
acknowledgments.
(9) Commercial paper and related documents. Commercial
paper, signatures thereon, and documents rel
a t i n g t h e r e t o t o t h e e x t e n t p r o v i d e d b y g e n e r a l
commercial law.
(10) Presumptions under Acts of Congress and regulations.
Any signature, document, or other matter
declared by Act of Congress or by applicable regulation
prescribed pursuant to statutory authority to be
presumptively or prima facie genuine or authentic.
(11) Certified domestic records of regularly conducted
activity. The original or a duplicate of a domestic
record of regularly conducted activity that
would be admissible under Mil. R. Evid. 803(6) if
accompanied by a written declaration of its custodian
or other qualified person, in a manner complying
with any Act of Congress or rule prescribed by
the Supreme Court pursuant to statutory authority,
certifying that the record (A) was made at or near
the time of the occurrence of the matters set forth
M.R.E. 1001(4)
by, or from information transmitted by, a person
with knowledge of those matters; (B) was kept in
the course of the regularly conducted activity; and
(C) was made by the regularly conducted activity as
a regular practice. A party intending to offer a record
into evidence under this paragraph must provide
written notice of that intention to all adverse
parties, and must make the record and declaration
available for inspection sufficiently in advance of
their offer into evidence to provide an adverse party
with a fair opportunity to challenge them.
Rule 903. Subscribing witness’ testimony
unnecessary
The testimony of a subscribing witness is not necessary
to authenticate a writing unless required by
the laws of the jurisdiction whose laws govern the
validity of the writing.
SECTION X
CONTENTS OF WRITINGS, RECORDINGS,
AND PHOTOGRAPHS
Rule 1001. Definitions
For purposes of this section the following definitions
are applicable:
(1) Writings and recordings. “Writings” and “recordings”
consist of letters, words, or numbers, or their
equivalent, set down by handwriting, typewriting,
printing, photostating, photographing, magnetic impulse,
mechanical or electronic recording, or other
form of data compilation.
(2) Photographs. “Photographs” include still photog
r a p h s , X - r a y f i l m s , v i d e o t a p e s , a n d m o t i o n
pictures.
(3) Original. An “original” of a writing or recording
is the writing or recording itself or any counterpart
intended to have the same effect by a person executing
or issuing it. An “original” of a photograph
includes the negative or any print therefrom. If data
are stored in a computer or similar device, any printout
or other output readable by sight, shown to reflect
the data accurately, is an “original.”
(4) Duplicate. A “duplicate” is a counterpart produced
by the same impression as the original, or
from the same matrix, or by means of photography,
including enlargements and miniatures, or by mechanical
or electronic rerecording, or by chemical
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