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40. Is the certification that there is no record of a license having been issued to the defendant admissible?
In a civil action for misrepresentation in the sale of real estate, the parties contested whether the defendant was licensed by the State Board of Realtors, a public agency established by statute to license real estate brokers. The defendant testified that she was licensed. On rebuttal, the plaintiff has offered a certification, bearing the seal of the secretary of the State Board of Realtors. The certification states that the secretary conducted a thorough search of the agency's records and all relevant databases, and that this search uncovered no record of a license ever having been issued to the defendant. The certification is signed by the secretary.
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A is incorrect. Although the certification is hearsay, it falls under the hearsay exception in FRE 803(10) for establishing the absence of a public record.
B is incorrect. No extrinsic evidence of authenticity is required to admit a domestic public document bearing a government seal under FRE 902(1). Here, the certification is from a public agency and bears the agency's seal. Therefore, it is self-authenticating under FRE 902(1) and admissible under FRE 803(10).
C is incorrect. The certification qualifies under FRE 803(10), and can be offered for its truth: that there was no record of any issuance of a license to the defendant. Therefore, its admissibility is not limited to impeachment; it can be used both for impeachment and as substantive proof of the disputed fact.