RULE 803(10) - Non-Existence of a Public Record

RULE 803(10). Non-Existence of a Public Record

(10) Non-Existence of a Public Record. Testimony-or a certification-that a diligent search failed to disclose a public record if:

(A)the testimony or certification is admitted to prove that

(i) the record does not exist; or

(ii) a matter did not occur or exist, if a public office regularly kept a record for a matter of that kind.

(B)in a criminal case:

(i) the attorney for the Commonwealth who intends to offer a certification files and serves written notice of that intent upon the defendant's attorney or, if unrepresented, the defendant, at least 20 days before trial; and

(ii) defendant's attorney or, if unrepresented, the defendant, does not file and serve a written demand for testimony in lieu of the certification within 10 days of service of the notice.

(The provisions of this Rule 803(10) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended November 9, 2016, effective January 1, 2017, 46 Pa.B. 7436. Amended by Pennsylvania Bulletin, Vol 46, No. 48. November 26, 2016, effective 11/26/2016 The provisions of this Rule 803(10) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 620.)

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