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18 U.S.C. § 3507 — Special master at foreign deposition
Federal law — U.S. Code and appendices · legal_authorities
Upon application of a party to a criminal case, a United States district court before which the case is pending may, to the extent permitted by a foreign country, appoint a special master to carry out at a deposition taken in that country such duties as the court may direct, including presiding at the deposition or serving as an advisor on questions of United States law. Notwithstanding any other provision of law, a special master appointed under this section shall not decide questions of privilege under foreign law. The refusal of a court to appoint a special master under this section, or of the foreign country to permit a special master appointed under this section to carry out a duty at a deposition in that country, shall not affect the admissibility in evidence of a deposition taken under the provisions of the Federal Rules of Criminal Procedure.
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Source file: Laws/federal/codes/united-states-code/title-18/section-3507-special-master-at-foreign-deposition--e6d91bb782.md
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Source location: Title 18, Chapter 223, § 3507; chapter-223-witnesses-and-evidence.md
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Upon application of a party to a criminal case, a United States district court before which the case is pending may, to the extent permitted by a foreign country, appoint a special master to carry out at a deposition taken in that country such duties as the court may direct, including presiding at the deposition or serving as an advisor on questions of United States law. Notwithstanding any other provision of law, a special master appointed under this section shall not decide questions of privilege under foreign law. The refusal of a court to appoint a special master under this section, or of the foreign country to permit a special master appointed under this section to carry out a duty at a deposition in that country, shall not affect the admissibility in evidence of a deposition taken under the provisions of the Federal Rules of Criminal Procedure.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In a criminal proceeding in a court of the United States, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests that—
(A) such record was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters;
(B) such record was kept in the course of a regularly conducted business activity;
(C) the business activity made such a record as a regular practice; and
(D) if such record is not the original, such record is a duplicate of the original;
unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
(2) A foreign certification under this section shall authenticate such record or duplicate.
**(b)** At the arraignment or as soon after the arraignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall provide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver.
**(c)** As used in this section, the term—
(1) “foreign record of regularly conducted activity” means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country;
(2) “foreign certification” means a written declaration made and signed in a foreign country by the cus
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3505
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Federal law — U.S. Code and appendices · legal_authorities
Page 778
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 3505
menced, occurring after the date of its enactment [Oct.
15, 1970]. Paragraph (3) of subsection (a) of section 3504,
chapter 223, title 18, United States Code, shall not
apply to any proceeding in which all information to be
relied upon to establish inadmissibility was possessed
by the party making such claim and adduced in such
proceeding prior to such enactment.’’
§ 3505. Foreign records of regularly conducted
activity
(a)(1) In a criminal proceeding in a court of
the United States, a foreign record of regularly
conducted activity, or a copy of such record,
shall not be excluded as evidence by the hearsay
rule if a foreign certification attests that—
(A) such record was made, at or near the
time of the occurrence of the matters set
forth, by (or from information transmitted by)
a person with knowledge of those matters;
(B) such record was kept in the course of a
regularly conducted business activity;
(C) the business activity made such a record
as a regular practice; and
(D) if such record is not the original, such
record is a duplicate of the original;
unless the source of information or the method
or circumstances of preparation indicate lack of
trustworthiness.
(2) A foreign certification under this section
shall authenticate such record or duplicate.
(b) At the arraignment or as soon after the ar-
raignment as practicable, a party intending to
offer in evidence under this section a foreign
record of regularly conducted activity shall pro-
vide written notice of that intention to each
other party. A motion opposing admission in
evidence of such record shall be made by the op-
posing party and determined by the court before
trial. Failure by a party to file such motion be-
fore tria
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3507
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