April 16, 2013
AMENDMENT TO THE FEDERAL RULES OF EVIDENCE
1. That the Federal Rules of Evidence be, and they hereby are, amended by including therein an amendment to Evidence Rule 803.
[See infra., pp. .]
2. That the foregoing amendment to the Federal Rules of Evidence shall take effect on December 1, 2013, and shall govern in all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.
3. That the CHIEF JUSTICE be, and hereby is, authorized to transmit to the Congress the foregoing amendment to the Federal Rules of Evidence in accordance with the provisions of Section 2072 of Title 28, United States Code.
Rule 803. Exceptions to the Rule Against Hearsay -- Regardless of Whether the Declarant Is Available as a Witness
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(10) Absence of a Public Record. Testimony -- or a certification under Rule 902 -- that a diligent search failed to disclose a public record or statement if:
(A) the testimony or certification is admitted to prove that
(i) the record or statement does not exist; or
(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
(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.
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