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evidence as to which extrinsic evidence of authenticity is not a
precondition to admissibility, including the following:
(11) Certified Domestic Records of Regularly
Conducted Activity.--The original or a duplicate of a
domestic record of regularly conducted activity that
would be admissible under Rule 803(6) if accompanied by
a written declaration of its custodian or other
qualified person, in a manner complying with any Act of
Congress or rule prescribed by the Supreme Court
pursuant to statutory authority, certifying that the
record--
(A) 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;
(B) was kept in the course of the regularly
conducted activity; and
(C) was made by the regularly conducted
activity as a regular practice.
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
sufficiently in advance of their offer into evidence to
provide an adverse party with a fair opportunity to
challenge them.
The Advisory Committee Notes accompanying the 2000 Amendments to
the Federal Rules of Evidence, which added paragraphs (11) and
(12) to Fed. R. Evid. 902, state: “The notice requirement in
Rules 902(11) and (12) is intended to give the opponent of the
evidence a full opportunity to test the adequacy of the
foundation set forth in the declaration.”
Petitioner admits that the disputed declaration evidence was
provided “a couple of weeks before calendar” but argues that he
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