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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
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Last modified: May 25, 2011