Gloria J. Spurlock - Page 14

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               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.”                            

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