Page 427 - Trump Executive Orders 2017-2021

10130 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

(C) the opponent does not show that the possible source of the information or other
circumstances indicate a lack of trustworthiness.
(8) Public Records. A record or statement of a public office if:
(A)it sets out:
(i) the office's activities;
(ii) a matter observed while under a legal duty to report, but not including a
matter observed by law-enforcement personnel and other personnel acting
in a law enforcement capacity; or
(iii) against the government, factual findings from a legally authorized
investigation; and
(B) the opponent does not show that the source of information or other circumstances
indicate a lack of trustworthiness. Notwithstanding subdivision (8)(A)(ii), the following are
admissible as a record of a fact or event if made by a person within the scope of the person's
official duties and those duties included a duty to know or to ascettain through appropriate and
trustworthy channels ofinfom1ation the truth of the fact or event and to record such fact or event:
enlistment papers, physical examination papers, fingerprint cards, forensic laboratory reports,
chain of custody documents, morning reports and other personnel accountability documents,
service records, officer and enlisted qualification records, court-martial conviction records, logs,
unit personnel diaries, individual equipment records, daily strength records of prisoners, and
rosters of prisoners.
(9) Public Records (if Vital Statistic.•;. A record of a birth, death, or marriage, if reported to a
public office in accordance with a legal duty.
(lO)Absence lifa 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 re!:,rularly kept a record or
statement for a matter of that kind; and
(B) a counsel for the government who intends to otTer a certification provides written
notice of that intent at least 14 days before trial, and the accused does not object in writing within
7 days of receiving the notice -unless the military judge sets a different time for the notice or the
objection.
( 11) Records ofReligious Organizations Concerning Personal or Family Histmy 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.
(12) Certificates ofMarriage, Baptism, and Similar Ceremonies. A statement of fact
contained in a certificate:
(A) made by a person who is authorized by a religious organization or by law to
perform the act certified;
(B) attesting that the person performed a marriage or similar ceremony or
administered a sacrament; and
(C) purporting to have been issued at the time of the act or within a reasonable time
after it.
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