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18 U.S.C. § 3506 — Service of papers filed in opposition to official request by United States to foreign government for criminal evidence
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, any national or resident of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense shall serve such pleading or other document on the Attorney General at the time such pleading or other document is submitted.
**(b)** Any person who is a party to a criminal proceeding in a court of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense that is a subject of such proceeding shall serve such pleading or other document on the appropriate attorney for the Government, pursuant to the Federal Rules of Criminal Procedure, at the time such pleading or other document is submitted.
**(c)** As used in this section, the term “official request” means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
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Source file: Laws/federal/codes/united-states-code/title-18/section-3506-service-of-papers-filed-in-opposition-to-official-request-by-united-stat--8daa4983f2.md
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Passage SHA-256: 0c505bd21462d102c41defde447c5ded2b526345d9bcf8448c412991cfd1cfee
Source location: Title 18, Chapter 223, § 3506; chapter-223-witnesses-and-evidence.md
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**(a)** Except as provided in subsection (b) of this section, any national or resident of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense shall serve such pleading or other document on the Attorney General at the time such pleading or other document is submitted.
**(b)** Any person who is a party to a criminal proceeding in a court of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense that is a subject of such proceeding shall serve such pleading or other document on the appropriate attorney for the Government, pursuant to the Federal Rules of Criminal Procedure, at the time such pleading or other document is submitted.
**(c)** As used in this section, the term “official request” means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country.
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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. § 3506
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.