§3505 Foreign Records of Regularly Conducted Ac­tivity

Summary

Allows a foreign business record or a copy to be used as evidence in a U.S. criminal trial even if it would otherwise be hearsay, when a written certification from the foreign country says the record was made at or near the time of the events by someone with knowledge, was kept as part of the regular business activity, was made routinely as a business practice, and, if it’s not the original, is a true duplicate. The foreign certification also serves to prove the record is genuine. A party who plans to use such a record must give written notice to the other parties at the arraignment or as soon after as possible. Anyone who wants to block the record must file a motion before trial or they usually lose the right to object, though the court can excuse that for good reason. Definitions: foreign record of regularly conducted activity — a business memo, report, record, or data kept in another country; foreign certification — a signed written statement from the record’s custodian or other qualified person in that country, which would be a crime there if falsely made; business — any kind of organization, job, or profession, whether for profit or not.