In re: Order Approving the Revision of the Comment to Pennsylvania Rule of Evidence 902

SUPREME COURT OF PENNSYLVANIA

COMMITTEE ON RULES OF EVIDENCE

FINAL REPORT1

Revision of Comment to Pa.R.E. 902 On June 12, 2017, effective November 1, 2017, upon recommendation of the Committee on Rules of Evidence, the Court ordered the revision of the Comment to Pa.R.E. 902. The purpose of this revision is to alert readers that certain self- authenticating records may also require proof of identification. Under the Rules of Evidence, certificates evidencing a prior criminal record are self-authenticating under Pa.R.E. 902(4). See also 42 Pa.C.S. § 5328, 42 Pa.C.S. § 6103, and 75 Pa.C.S. § 6501. However, self-authenticating certificates fulfill only part of the requirement for proving a prior criminal conviction. Under case law, the proponent has the burden of proving: 1) a prior conviction is authentic (i.e., with a self-authenticating certificate); and 2) the person against whom it is sought to be admitted is the same person reflected on the certificate. Commonwealth v. Boyd, 344 A.2d 864 (Pa. 1975).