1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3684 By: Kannady
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to civil procedure; amending 12 O.S.
7 2021, Section 2902, which relates to self-
8 authentication; modifying list of evidence that does
8 not require extrinsic evidence of authenticity as a
9 condition precedent to admissibility; and providing
9 an effective date.
10
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2902, is
14
15 amended to read as follows:
15
16 Section 2902. Extrinsic evidence of authenticity as a condition
16
17 precedent to admissibility is not required with respect to the
17
18 following:
18
19 1. A document bearing a seal purporting to be that of the
19
20 United States or of any state, district, commonwealth, territory or
20
21 insular possession thereof, including the Panama Canal Zone, or the
21
22 trust territory of the Pacific Islands, or of a political
22
23 subdivision, department, office or agency thereof, and a signature
23
24 purporting to be an attestation or execution;
24
Req. No. 9764 Page 1
 1 2. A document purporting to bear the signature in his official
1
2 capacity of an officer or employee of any entity included in
2
3 paragraph 1 of this section, having no seal, if a public officer
3
4 having a seal and having official duties in the district or
4
5 political subdivision of the officer or employee certifies under
5
6 seal that the signer has the official capacity and that the
6
7 signature is genuine;
7
8 3. A document purporting to be executed or attested in his
8
9 official capacity by a person authorized by the laws of a foreign
9
10 country to make the execution or attestation, and accompanied by a
10
11 final certification as to the genuineness of the signature and
11
12 official position:
12
13 a. of the executing or attesting person, or
13
14 b. of any foreign official whose certificate of
14
15 genuineness of signature and official position relates
15
16 to the execution or attestation or is in a chain of
16
17 certificates of genuineness or signature and official
17
18 position relating to the execution or attestation. A
18
19 final certification may be made by a secretary of
19
20 embassy or legation, consul general, consul, vice
20
21 consul or consular agent of the United States, or a
21
22 diplomatic or consular official of the foreign country
22
23 assigned or accredited to the United States. If
23
24 reasonable opportunity has been given to all parties
24
Req. No. 9764 Page 2
 1 to investigate the authenticity and accuracy of
1
2 official documents, the court may, for good cause
2
3 shown, order that they be treated as presumptively
3
4 authentic without final certification or permit them
4
5 to be evidenced by an attested summary with or without
5
6 final certification;
6
7 4. A copy of an official record or report or entry therein, or
7
8 of a document authorized by law to be recorded or filed and actually
8
9 recorded or filed in a public office, including data compilations in
9
10 any form, certified as correct by the custodian or other person
10
11 authorized to make the certification, by certificate complying with
11
12 paragraph 1, 2 or 3 of this section or complying with any statute or
12
13 by rules prescribed by the Supreme Court pursuant to statutory
13
14 authority;
14
15 5. Books, pamphlets or other publications purporting to be
15
16 issued by public authority;
16
17 6. Printed materials purporting to be newspapers or
17
18 periodicals;
18
19 7. Inscriptions, signs, tags or labels purporting to have been
19
20 affixed in the course of business and indicating ownership, control
20
21 or origin;
21
22 8. Records accompanied by a certificate of acknowledgment under
22
23 the hand and the seal of a notary public or other officer authorized
23
24 by law to take acknowledgments;
24
Req. No. 9764 Page 3
 1 9. Commercial paper, signatures thereon, and related records to
1
2 the extent provided by general commercial law;
2
3 10. Any signature, record or other matter declared by act of
3
4 the Legislature to be presumptively or prima facie genuine or
4
5 authentic;
5
6 11. The original or a duplicate of a domestic record of acts,
6
7 events, conditions, opinions, or diagnoses if:
7
8 a. the document is accompanied by a written declaration
8
9 under oath of the custodian of the record, or other
9
10 qualified individual that the record was made, at or
10
11 near the time of the occurrence of the matters set
11
12 forth by or from information transmitted by a person
12
13 having knowledge of those matters; was kept in the
13
14 course of the regularly conducted business activity;
14
15 and was made pursuant to the regularly conducted
15
16 activity,
16
17 b. the party intending to offer the record in evidence
17
18 gives notice of that intention to all adverse parties
18
19 and makes the record available for inspection
19
20 sufficiently in advance of its offer to provide the
20
21 adverse parties with a fair opportunity to challenge
21
22 the record, and
22
23 c. notice is given to the proponent, sufficiently in
23
24 advance of the offer to provide the proponent with a
24
Req. No. 9764 Page 4
 1 fair opportunity to meet the objection or obtain the
1
2 testimony of a foundation witness, raising a genuine
2
3 question as to the trustworthiness or authenticity of
3
4 the record; and
4
5 12. The original or a duplicate of a record from a foreign
5
6 country of acts, events, conditions, opinions, or diagnoses if:
6
7 a. the document is accompanied by a written declaration
7
8 under oath of the custodian of the record, or other
8
9 qualified individual that the record was made, at or
9
10 near the time of the occurrence of the matters set
10
11 forth by or from information transmitted by a person
11
12 having knowledge of those matters; was kept in the
12
13 course of a regularly conducted business activity; and
13
14 was made pursuant to the regularly conducted activity,
14
15 b. the party intending to offer the record in evidence
15
16 gives notice of that intention to all adverse parties
16
17 and makes the record available for inspection
17
18 sufficiently in advance of its offer to provide the
18
19 adverse parties with a fair opportunity to challenge
19
20 the record, and
20
21 c. notice is given to the proponent, sufficiently in
21
22 advance of the offer to provide the proponent with a
22
23 fair opportunity to meet the objection or obtain the
23
24 testimony of a foundation witness, raising a genuine
24
Req. No. 9764 Page 5
 1 question as to the trustworthiness or authenticity of
1
2 the record;
2
3 13. Records generated by an electronic process or system that
3
4 produces an accurate result, as shown by a certification of a
4
5 qualified person that complies with the certification requirements
5
6 of paragraph 11 or 12 of this section. The proponent shall also
6
7 meet the notice requirements of paragraph 11 of this section; and
7
8 14. Data copied from an electronic device, storage medium, or
8
9 file, if authenticated by a process of digital identification, as
9
10 shown by a certification of a qualified person that complies with
10
11 the certification requirements of paragraph 11 or 12 of this
11
12 section. This proponent shall also meet the notice requirements of
12
13 paragraph 11 of this section.
13
14 SECTION 2. This act shall become effective November 1, 2024.
14
15
15
16 59-2-9746 AO 12/20/23
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 9764 Page 6