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Federal Rule of Evidence 803(10) provides that the following are not excluded by the hearsay rule, whether or not the declarant is available as a witness: To prove the absence of a record, report, statement or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry. 


In United States v. Chapel, 41 F.3d 1338, 1994 U.S. App. LEXIS 34573 (9th Cir. 1994), the court held that a declaration offered by the government was admissible pursuant to Federal Rule of Evidence 803(10). Id. at * 7. An FDIC certificate of insurance appended to the declaration in Chapel was held to be admissible as non- hearsay. Id. at * 3 (citing United States v. Bellucci, 995 F.2d 157, 160-61 (9th Cir. 1993), cert. denied, 129 L. Ed. 2d 844, 114 S. Ct. 2719 (1994)). As 'a written statement[ ] which ...

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