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902(11), Rule 902(12), or a statute permitting
certification, unless the source of information or the
method or circumstances of preparation indicate lack of
trustworthiness. The term "business" as used in this
paragraph includes business, institution, association,
profession, occupation, and calling of every kind, whether
or not conducted for profit.
Rule 902 of the Federal Rules of Evidence, inter alia, provides:
Rule 902. Self-authentication
Extrinsic evidence of authenticity as a condition
precedent to admissibility is not required with respect to
the following:
* * * * * * *
(11) Certified Domestic Records of Regularly Conducted
Activity.–-The original or a duplicate of a domestic record
of regularly conducted activity that would be admissible
under Rule 803(6) if accompanied by a written declaration of
its custodian or other qualified person, in a manner
complying with any Act of Congress or rule prescribed by the
Supreme Court pursuant to statutory authority, certifying
that the record--
(A) was made at or near the time of the occurrence
of the matters set forth by, or from information
transmitted by, a person with knowledge of those
matters;
(B) was kept in the course of the regularly
conducted activity; and
(C) was made by the regularly conducted activity
as a regular practice.
A party intending to offer a record into evidence under this
paragraph must provide written notice of that intention to
all adverse parties, and must make the record and
declaration available for inspection sufficiently in advance
of their offer into evidence to provide an adverse party
with a fair opportunity to challenge them.[5]
5 The Advisory Committee Notes pertaining to Fed. R. Evid.
902(11) state in pertinent part:
(continued...)
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Last modified: May 25, 2011