A bill to amend title 28, United States Code, with respect to the admissibility in evidence of foreign records of regularly conducted activity.

Summary

Amends the Federal judicial code to bar the exclusion as evidence by the hearsay rule, in any civil proceeding in a court of the United States, of a foreign record of regularly conducted activity if a foreign certification attests that: (1) such record was made at or near the time of the occurrence of the matters set forth, or from information transmitted, by a person with knowledge of those matters; (2) such record was kept in the course of a regularly conducted business activity; (3) the business activity made such a record as a regular practice; and (4) if such record is not the original, it is a duplicate of the original. Allows exclusion of such records if the source of information or method or circumstances of preparation indicate lack of trustworthiness. Provides that a foreign certification under this Act shall authenticate such record or duplicate. Specifies that: (1) a party intending to offer in evidence a foreign record of regularly conducted activity shall provide written notice of such intention to each other party as soon as practicable after a responsive pleading has been filed; (2) a motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial; and (3) 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 such waiver.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 18 June 1991

  Open at official source

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