6/17/2023 0 Comments Key witness 1947![]() ![]() ![]() ![]() (B) attesting that the person performed a marriage or similar ceremony or administered a sacrament and (A) made by a person who is authorized by a religious organization or by law to perform the act certified A statement of fact contained in a certificate: (12) Certificates of Marriage, Baptism, and Similar Ceremonies. A statement of birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage, or similar facts of personal or family history, contained in a regularly kept record of a religious organization. (11) Records of Religious Organizations Concerning Personal or Family History. (B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice - unless the court sets a different time for the notice or the objection. (ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind and (i) the record or statement does not exist or (A) the testimony or certification is admitted to prove that Testimony - or a certification under Rule 902 - that a diligent search failed to disclose a public record or statement if: A record of a birth, death, or marriage, if reported to a public office in accordance with a legal duty. (B) neither the opponent does not show that the source of information nor or other circumstances indicate a lack of trustworthiness. (iii) in a civil case or against the government in a criminal case, factual findings from a legally authorized investigation and (ii) a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel or A record or statement of a public office if: (C) neither the opponent does not show that the possible source of the information nor or other circumstances indicate a lack of trustworthiness. (B) a record was regularly kept for a matter of that kind and (A) the evidence is admitted to prove that the matter did not occur or exist Evidence that a matter is not included in a record described in paragraph (6) if: (7) Absence of a Record of a Regularly Conducted Activity. (E) neither the opponent does not show that the source of information nor or the method or circumstances of preparation indicate a lack of trustworthiness. (D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification and ![]() (C) making the record was a regular practice of that activity (B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit (A) the record was made at or near the time by - or from information transmitted by - someone with knowledge A record of an act, event, condition, opinion, or diagnosis if: (6) Records of a Regularly Conducted Activity. If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party. (C) accurately reflects the witness’s knowledge. (B) was made or adopted by the witness when the matter was fresh in the witness’s memory and (A) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately (B) describes medical history past or present symptoms or sensations their inception or their general cause. (A) is made for - and is reasonably pertinent to - medical diagnosis or treatment and (4) Statement Made for Medical Diagnosis or Treatment. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will. (3) Then-Existing Mental, Emotional, or Physical Condition. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: ![]()
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