legislation: 102-s-1316
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 102-s-1316 | 102 | s | 1316 | A bill to amend title 28, United States Code, with respect to the admissibility in evidence of foreign records of regularly conducted activity. | Law | 1991-06-18 | 1991-07-29 | Referred to Subcommittee on Courts and Administrative Practice. | Senate | Sen. Thurmond, Strom [R-SC] | SC | R | T000254 | 0 | 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. | 2025-07-21T19:32:26Z |