Gloria J. Spurlock - Page 9

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                    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.                              
                         *    *    *    *    *    *    *                              
          Fed. R. Evid. Rule 803(6) provides:                                         
                    RULE 803.  Hearsay Exceptions; Availability of                    
               Declarant Immaterial                                                   
                    The following are not excluded by the hearsay                     
               rule, even though the declarant is available as a                      
                         *    *    *    *    *    *    *                              
                         (6)  Records of regularly conducted                          
                    activity.--A memorandum, report, record, or data                  
                    compilation, in any form, of acts, events,                        
                    conditions, opinions, or diagnoses, made at or                    
                    near the time by, or from information transmitted                 
                    by, a person with knowledge, if kept in the course                

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Last modified: May 25, 2011