- 14 - sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them. The notice requirement contemplates that a proponent of evidence provide not only the records which he seeks to introduce but also the declaration of the custodian “sufficiently in advance of their offer into evidence”.12 We find that respondent has met the notice requirement. He provided written notice to petitioner of the possibility of his introducing evidence under Fed. R. Evid. 803(6) and 902(11) on February 7, 2002, more than 2 weeks before trial. He identified the declarants, the payors involved, and the underlying records that might be introduced through the affidavits. Petitioner was adequately apprised of this information in advance of trial. Petitioner had sufficient time to contact the witnesses named in respondent’s trial memorandum, and she could have called those witnesses to testify at trial. Respondent provided the affidavits and the records to petitioner 2 and 3 days before trial. Given the nature of the affidavits and the records involved, petitioner had sufficient time in which to review those documents and to formulate challenges to their veracity. The affidavits and the records 12The Advisory Committee’s Note to Fed. R. Evid. 902(11) states that “The notice requirement * * * is intended to give the opponent of the evidence a full opportunity to test the adequacy of the foundation set forth in the declaration.”Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011