- 13 - 801(d)(2)(B).10 We find that the records submitted with the affidavits meet the substantive requirements of Fed. R. Evid. 803(6) and 902(11), and, with respect to some of those records, are admissible and authenticated under other Rules of the Federal Rules of Evidence.11 Petitioner also argues that the affidavits and the underlying records should be excluded because those items were not furnished to her in a time sufficient for her to challenge fairly the adequacy of their foundation, and she was unduly prejudiced as a result. Petitioner relies on the notice requirement of Fed. R. Evid. 902(11) as a basis for the exclusion of the affidavits and the records. The notice requirement of Fed. R. Evid. 902(11) provides: 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 10Under Fed. R. Evid. 801(d)(2)(B), a statement is not hearsay if the party-opponent has manifested an adoption or belief in its truth. 11Petitioner claims that the affidavits are “inherently untrustworthy and unreliable.” She cites to Ursuline’s change in reporting her employment status from employee to independent contractor and back to employee, the failure of the affiants to produce all the checks purportedly issued to petitioner, the fact that some of the checks are unendorsed, and the failure of the affiants to produce copies of the Forms W-3 and 1096 used to transmit the Forms W-2, 1099-MISC, and 1099-R. We cannot agree that those circumstances indicate an inherent lack of trustworthiness or reliability. This is especially true where, as here, petitioner’s signature appears on many of the records produced.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011