Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 3505: Foreign records of regularly conducted ac­tivity

Civil

What this law says, in plain English

This statute establishes procedures for authenticating foreign business records as evidence in court, including notice requirements and timing for objections.

Read the full statutory text
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; such record was kept in the course of a regularly conducted business activity; the business activity made such a record as a regular practice; and if such record is not the original, such record is a duplicate of the original; A foreign certification under this section shall authenticate such record or duplicate. 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. “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; “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 “business” includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

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