§3505 Foreign Records of Regularly Conducted Ac­tivity

Summary

Allows a foreign record to be used as evidence in a U.S. criminal case if a written certification from a qualified person in the foreign country says the record was made at or near the time of the event by someone with knowledge, was kept in the regular course of business, was made as a regular practice, and, if not the original, is a true copy. The record can be kept out if the way it was made or the source of the information shows it is not trustworthy. That written certification also serves to authenticate the record. 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. Any opponent must file a motion before trial; failing to do so waives the objection unless the court allows relief for good cause. The law defines three terms in one line each: a foreign record of regularly conducted activity — a memo, report, record, or data file kept in another country about acts, events, conditions, opinions, or diagnoses; a foreign certification — a signed written statement made in that country by the record’s custodian or a qualified person that would be criminal to lie about under that country’s laws; and business — any kind of business, institution, association, profession, occupation, or calling.