Alan D. Stang - Page 17

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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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