Christopher Richardson - Page 5

                                        - 5 -                                         
          certified transcripts from respondent’s files and from Social               
          Security Administration files and declarations and supporting               
          records from Ann Patterson (Patterson), vice president of KeyBank           
          and Curtis E. Cichanowski (Cichanowski), director of finance for            
          Eniva Corp.  The declarations were made under penalties of                  
          perjury pursuant to and in the form required by 28 U.S.C. section           
          1746 (2000).                                                                
               The declarations are admissible under rules 803(6) and                 
          902(11) of the Federal Rules of Evidence.  Rule 803(6) of the               
          Federal Rules of Evidence provides an exception to the hearsay              
          rule for records that are kept in the course of a regularly                 
          conducted activity and made at or near the time of the event by a           
          person with knowledge.  Rule 902(11) of the Federal Rules of                
          Evidence states the requirements for self-authentication of a               
          business record.  To qualify under Rule 902(11), a domestic                 
          record of a regularly conducted business activity must be                   
          accompanied by a declaration certifying that the record (1) 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; (2) was kept in the course of the               
          regularly conducted activity; and (3) was made by the regularly             
          conducted activity as a regular practice.  All of the underlying            
          documents were kept in the regular course of business, and the              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011