4th Circuit: Certification not the only way to authenticate document ... FRE 901
In a recent Fourth Circuit case, the court had to determine if the trial court properly allowed in documents to prove a prior conviction. This was a sentencing hearing so the rules of evidence didn't apply, but the court still used the rules of authentication as an example to show that the documents were properly authenticated:
United States v. Rumley, No. 19-4412, 2020 WL 1222681, at *5 (4th Cir. Mar. 13, 2020)
Because this was a sentencing hearing, the rules of evidence don't apply (1101(d)), and even so, sometimes prior convictions fall under a hearsay exception (803(22)).
But assuming that these documents were hearsay, would the probation officer also be allowed to testify to the business records as a "qualified witness"?