How to Introduce Public Records as Evidence

Introduce certified public records as evidence according to federal and state rules.

A party in a civil proceeding or criminal trial often needs to introduce witnesses or exhibits, such as public records, to prove his or her case. The Federal Rules of Evidence (FRE) are federal laws regarding whether U.S. courts can admit a particular witness or exhibit. Many states, such as Utah, have also adopted the FRE for state court proceedings under their state evidence rules. A litigant introducing public records must follow the relevant evidence laws and may wish to consult an attorney.

Things You'll Need

• Certified copies of public records evidence in your case

Instructions

1. Obtain certified copies of the public records necessary for your case and make duplicates for yourself and all other parties, in preparation for your court proceeding. Mark the original exhibit with an identifying letter or number according to the rules of the court---some courts allow parties to mark exhibits beforehand, while others require marking as the proceeding goes on. Show the public records to the opposing side.

2. Establish a foundation to admit the public records into evidence---according to the Benchmark Institute, you must prove that the records are authentic documents. State that you would like to introduce copies of official documents that have been filed or recorded with a public office or agency and certified as correct by the public office's custodian of records, in order to authenticate the documents as permitted by the FRE in Rule 902(4) or the equivalent state evidence rule. Explain how the public records pertain to your case and defend against any objections of authenticity or relevance put forth by the opposing side.

3. Consider any opposing party objections to the public records as hearsay, if you would like to the court to accept the writing within the documents as proof that those written statements are true. Explain that FRE Rule 803(8), or the equivalent state evidence rule, allows the court to admit properly certified public records and reports from public offices or agencies, as exceptions to the hearsay exclusion rule.

4. Ask the judge to introduce the public records into evidence by stating, "Your honor, I move to admit this document into evidence." Refer to the document by its identifying number or letter if the court has already marked the exhibit. Respond to any admissibility objections from the opposing side. Confirm that the court has accepted the public records as an exhibit in your case and thank the judge.

Tips & Warnings

• Consult with an attorney, who can assist you with development of litigation strategies addressing the relevant laws.

• Check the laws of your state to find any differences between the Federal Rules of Evidence and your state's evidence rules.

References

• California Courts: Getting Evidence for Court
• Utah State Courts: Utah State Court Rules: Preliminary Note
• Benchmark Institute: Introducing Exhibits
• Legal Information Institute: Federal Rules of Evidence: Rule 902. Self-Authentication
• Legal Information Institute: Federal Rules of Evidence: Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial

Resources

• Legal Information Institute: Federal Rules of Evidence
• Findlaw.com: Summary of Rules of Evidence