Page:United States Statutes at Large Volume 76A.djvu/490

–394– -394(12) Statements of Physical or Mental Condition of Declarant. Unless the judge finds it was made in bad faith, a statement of the declarant's (A) then existing state of mind, emotion or physical sensation, including statements of intent, plan, motive, design, mental feeling, pain and bodily health, but not including memory or belief to prove the fact remembered or believed, when such a mental or physical condition is in issue or is relevant to prove or explain acts or conduct of the declarant or (B) previous symptoms, pain or physical sensation, made to a physician consulted for treatment or for diagnosis with a view to treatment, and relevant to an issue of declarant's bodily condition; (13) Business Entries and the Like. Writings oflFered as memoranda or records of acts, conditions or events to prove the facts stated therein, if the judge finds that they were made in the regular course of a business at or about the time of the act, condition or event recorded, and that the sources of information from which made and the method and circumstances of their preparation were such as to indicate their trustworthiness; (14) Absence of Entry in Business Records. Evidence of the absence of a memorandum or record from the memoranda or records of a business of an asserted act, event or condition, to prove the nonoccurrence of the act or event, or the non-existence of the condition, if the judge finds that it was the regular course of that business to make such memoranda of all such acts, events or conditions at the time thereof or within a reasonable time thereafter, and to preserve them; (15) Reports and Findings of Public Officials. Subject to section 2963 of this title, written reports or findings of fact made by a public official of the United States or any agency thereof or of a state of the United States, if the judge finds that the making thereof was within the scope of the duty of such official and that it was his duty (A) to perform the act reported, or (B) to observe the act, condition or event reported, or (C) to investigate the facts concerning the act, condition or event and to make findings or draw conclusions based on such investigation; (16) Filed Reports, Made by Persons Exclusively Authorized. Subject to section 2963 of this title, writings made as a record, report or finding of fact, if the judge finds that (A) the maker was authorized by statute or regulation to perform, to the exclusion of persons not so authorized, the functions reflected in the writing, and was required by statute or regulation to file in a designated public office a written report of specified matters relating to the performance of such functions, and (B) the writing was made and filed as so required by the statute or regulation; (17) Content of Official Record. Subject to section 2963 of this title, (A) if meeting the requirements of authentication under section 2992 of this title, to prove the content of the record, a writing purporting to be a copy of an official record or of an entry therein, (B) to prove the absence of a record in a specified office, a writing made by the official custodian of the official records of the office, reciting diligent search and failure to find such record; (18) Certificate of Marriage. Subject to section 2963 of this title, certificates that the maker thereof performed a marriage ceremony, to prove the truth of the recitals thereof, if the judge finds that (A) the maker of the certificate at the time and place certified as the time and place of the marriage was authorized by law to perform marriage ceremonies, and (B) the certificate was issued at that time or within a reasonable time thereafter; (19) Records of Documents Affecting an Interest in Property. Subject to section 2963 of this title, the official record of a document purporting to establish or affect an interest in property, to prove the

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