§ 3505. Foreign records of regularly conducted activity
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/usc/title-18/section-3505A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.)
Connections12 cite this · traces to 1
Cited by 12 sections · top 9
U.S. Code
- § 5318Compliance, exemptions, and summons authority
- § 3506Service of papers filed in opposition to official request by United States to foreign government for criminal evidence
- § 3161Time limits and exclusions
- § 3292Suspension of limitations to permit United States to obtain foreign evidence
- § 3507Special master at foreign deposition
statutes-at-large
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U.S. Code
5 references not yet in our index
- Pub. L. 98–473, title II, § 1217(a)
- 98 Stat. 2165
- Pub. L. 98–473, title II, § 1220
- 98 Stat. 2167
- Pub. L. 98–473
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§ 3505
Foreign records of regularly conducted activity
U.S.C.×6
IRM×2
Fed. Reg.×2
Stat.×2
Pub. L.Pub. L. 98–473, title II, § 1217(a)
Stat.98 Stat. 2165
Pub. L.Pub. L. 98–473, title II, § 1220
Stat.98 Stat. 2167
Pub. L.Pub. L. 98–473
Cites 6Cited by 12 across 4 sources