1999 U.S. Code
Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 223 - WITNESSES AND EVIDENCE
Sec. 3505 - Foreign records of regularly conducted activity
View MetadataPublication Title | United States Code, 1994 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE Sec. 3505 - Foreign records of regularly conducted activity |
Contains | section 3505 |
Date | 1999 |
Laws in Effect as of Date | January 23, 2000 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 98-473, title II, §1217(a), Oct. 12, 1984, 98 Stat. 2165. |
Statutes at Large Reference | 98 Stat. 2165 |
Public Law References | Public Law 98-473 |
§3505. Foreign records of regularly conducted activity
(a)(1) In a criminal proceeding in a court of the United States, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests that—
(A) such record 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) such record was kept in the course of a regularly conducted business activity;
(C) the business activity made such a record as a regular practice; and
(D) if such record is not the original, such record is a duplicate of the original;
unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
(2) A foreign certification under this section shall authenticate such record or duplicate.
(b) At the arraignment or as soon after the arraignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall provide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver.
(c) As used in this section, the term—
(1) “foreign record of regularly conducted activity” means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country;
(2) “foreign certification” means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country; and
(3) “business” includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
(Added Pub. L. 98–473, title II, §1217(a), Oct. 12, 1984, 98 Stat. 2165.)
Effective DateSection 1220 of part K (§§1217–1220) of chapter XII of title II of Pub. L. 98–473 provided that: “This part and the amendments made by this part [enacting this section and sections 3292, 3506, and 3507 of this title and amending section 3161 of this title] shall take effect thirty days after the date of the enactment of this Act [Oct. 12, 1984].”
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