FRE 902(14): what it means, what it doesn’t
A short read on self-authentication of records under 902(14), how it differs from 902(11), and what software can and cannot do for you.
- Written for
- Attorneys
- Published
- Reading time
- 1 minute
Federal Rule of Evidence 902(14) permits self-authentication of data copied from an electronic device, storage medium, or file, when a process of digital identification (in practice, a hash value) and a certification of a qualified person meeting the requirements of Rule 902(11) or (12) support it. In practice, the rule shifts a conversation about authentication from the hearing to the pretrial exchange.
What it does
- Removes the need for extrinsic testimony to authenticate a copy whose integrity is shown by digital identification, such as a hash.
- Requires reasonable written notice and an opportunity for the opposing party to inspect before trial.
- Works alongside hearsay analysis — self-authentication is not admissibility.
What it doesn’t
- It does not convert a hearsay statement into non-hearsay.
- It does not eliminate Rule 403 discretion.
- It does not authenticate the content of the underlying message — only the integrity of the record.
Structured exports, SHA-256 manifests, FRE 902(14)-structured.