A BILL TO BE ENTITLED
AN ACT to conform the authentication rules of the north carolina rules of evidence to the federal rules of evidence.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 8C‑1, Rule 803 reads as rewritten:
"Rule 803. Hearsay exceptions; availability of declarant immaterial.
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(6)	Records of Regularly Conducted Activity. – A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
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SECTION 2.  G.S. 8C‑1, Rule 902 reads as rewritten:
"Rule 902. Self‑authentication.
Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:
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(11)	Certified domestic records of regularly conducted activity. – The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6), if accompanied by a written declaration of its custodian or other qualified person, certifying that the record:
a.	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.	Was kept in the course of the regularly conducted activity; and
c.	Was made by the regularly conducted activity as a regular practice.
The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the state where the declaration is signed. A party intending to offer a record into evidence under this provision must provide written notice of that intention to all adverse parties and must make the record and declaration available for inspection sufficiently in advance of the offer into evidence to provide an adverse party with a fair opportunity to challenge it.
(12)	Certified foreign records of regularly conducted activity. – In a civil case, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6), if accompanied by a written declaration by its custodian  or other qualified person certifying that the record:
a.	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.	Was kept in the course of the regularly conducted activity; and
c.	Was made by the regularly conducted activity as a regular practice.
The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this provision must provide written notice of that intention to all adverse parties and must make the record and declaration available for inspection sufficiently in advance of the offer into evidence to provide an adverse party with a fair opportunity to challenge it."
SECTION 3.  There is appropriated from the General Fund to the Administrative Office of the Courts the sum of twenty thousand dollars ($20,000) for the 2006‑2007 fiscal year to implement the provisions of this act.
SECTION 4.  This act becomes effective October 1, 2006, and applies to trials or hearings commencing on or after that date.