Which category covers the original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), certified by the custodian, with notice given to the adverse party before trial?

Which category covers the original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), certified by the custodian, with notice given to the adverse party before trial?

• A. Certified Domestic Records of a Regularly Conducted Activity
• B. Subscribing Witness's Testimony
• C. Newspapers and Periodicals
• D. Certified Foreign Records of a Regular Conducted Activity

Answer: (A)

The key idea here is the business records exception to hearsay. A domestic record of a regularly conducted activity can be admitted if it is created near the time of the event by someone with knowledge, kept in the ordinary course of business, and authenticated by a custodian’s certification, with the adverse party given advance notice before trial. When these conditions from Rule 803(6)(A)-(C) are met, the original or a copy can come in as a certified domestic record without needing live testimony from the custodian. That certification plus the notice ensures trustworthiness and proper authentication. The foreign-record alternative would apply only if the records came from outside the country, and the other options describe different evidentiary rules.

The key idea here is the business records exception to hearsay. A domestic record of a regularly conducted activity can be admitted if it is created near the time of the event by someone with knowledge, kept in the ordinary course of business, and authenticated by a custodian’s certification, with the adverse party given advance notice before trial. When these conditions from Rule 803(6)(A)-(C) are met, the original or a copy can come in as a certified domestic record without needing live testimony from the custodian. That certification plus the notice ensures trustworthiness and proper authentication. The foreign-record alternative would apply only if the records came from outside the country, and the other options describe different evidentiary rules.