1. (a) For the purposes of this section, the term:

   1. (1) "Certification" means a written declaration under oath subject to the penalty of perjury. A certification need not take the form of an affidavit.
   2. (2) "Qualified person" means a person who would be able to establish the authenticity of a record if called as a witness at trial.

   3. (3) "Records of a regularly conducted activity" means a record of an act, event, condition, opinion, or diagnosis, where:

      1. (A) The record was made at or near the time by, or from information transmitted by, someone with knowledge of the act, event, condition, opinion, or diagnosis;
      2. (B) The record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
      3. (C) Making the record was a regular practice of that activity; and
      4. (D) The opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.
2. (b) The original or copy of a domestic record of a regularly conducted activity, as shown by a certification of the custodian or another qualified person, shall be deemed authentic without further testimony as evidence in any judicial proceeding or administrative hearing.
3. (c) Before the judicial proceeding or administrative hearing, the proponent shall give an adverse party reasonable written notice of the intent to offer the record of a regularly conducted activity and shall make the record of a regularly conducted activity and certification available for inspection.

History

Feb. 23, 2023, D.C. Law 24-261, § 2(b)