Stanley D. and Rosemary A. Clough - Page 10




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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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