This point, however, is just a dog-whistle to the idea that sexual assault victims cannot be believed if they did not fight backa misogynistic viewpoint that will seem exactly that to a jury. 269(b), bill of health by appropriate official prima facie evidence of vessel's sanitary history and condition and compliance with regulations; 46 U.S.C. A statement contained in a treatise, periodical, or pamphlet if: (A) the statement is called to the attention of an expert witness on cross-examination or relied on by the expert on direct examination; and. The time element, however, may safely be taken as supplied by the certificate, once authority and authenticity are established, particularly in view of the presumption that a document was executed on the date it bears. 3500. 279 (1919); see, also McCormick on Evidence, 303 (2d ed. See also Regulations, Social Security Administration, 20 C.F.R. It includes, but is by no means limited to, electronic computer storage. 0000003735 00000 n The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. This difficulty is recognized in the cases demonstrating unwillingness to sustain findings relative to disability on the basis of judicially noticed medical texts. 1941); Buckminster's Estate v. Commissioner of Internal Revenue, 147 F.2d 331 (2d Cir. A statement in a document that was prepared before January 1, 1998, and whose authenticity is established. Jury trials are impossible to accurately predict even for the most seasoned litigators. On day one of E. Jean Carrolls rape trial against the former president, Trump already made a big mistake. 902(d), interstate shipment of firearms to a known convicted felon, and, as specifically provided, from impeachment. Under the exception the statement need not have been made to a physician. 0000002656 00000 n R. Civ. The ancient documents exception to the rule against hearsay has been limited to statements in documents prepared before January 1, 1998. Testimony or a certification under Rule 902 that a diligent search failed to disclose a public record or statement if: (A) the testimony or certification is admitted to prove that, (i) the record or statement does not exist; or, (ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and. A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; (B) was made or adopted by the witness when the matter was fresh in the witnesss memory; and. Since most of these items are significant evidentially only insofar as they are assertive, their admission in evidence must be as a hearsay exception. The leading case in the United States, Patterson v. Gaines, 47 U.S. (6 How.) 203 0 obj <>stream Uniform Vital Statistics Act, 9C U.L.A. 1942). GAP ReportProposed Amendment to Rule 803(6). denied 373 U.S. 944, 83 S.Ct. Id. Participation by the declarant is not required: a nonparticipant may be moved to describe what he perceives, and one may be startled by an event in which he is not an actor. In order to qualify for admission, a hearsay statement not falling within one of the recognized exceptions would have to satisfy at least four conditions. General Rule of Competency Except As Otherwise Provided by the Code, Every Person Is Presumed Competent to Be a Witness, Avoid These Eleven Common Evidentiary Mistakes, OKLAHOMA HIGH SCHOOL MOCK TRIAL FEDERAL RULES of EVIDENCE (Mock Trial Version), Problems of Proof in the Arbitration Process: Report of the New York Tripartite Committee*, Examination, Cross-Examination, and Redirect Examination Penny J, Rule 611. Exceptions to the Rule Against HearsayWhen the Declarant Is Unavailable as a Witness Rule 805. The present rule proceeds upon the theory that under appropriate circumstances a hearsay statement may possess circumstantial guarantees of trustworthiness sufficient to justify nonproduction of the declarant in person at the trial even though he may be available. The rule includes no requirement of this nature. The recording of title documents is a purely statutory development. The rules, and subsequent amendments, were not to take effect Otherwise, only during cross-examination. Exception (5). The amendment maintains consistency with the proposed amendment to the trustworthiness clause of Rule 803(6). 1947, c. 410, M.G.L.A. 407, 63 L.Ed. Wong Wing Foo v. McGrath, 196 F.2d 120 (9th Cir. endstream endobj 547 0 obj <. endstream endobj startxref Hence the example includes a requirement that the witness not have sufficient recollection to enable him to testify fully and accurately. To the same effect are California Evidence Code 1237 and New Jersey Rule 63(1)(b), and this has been the position of the federal courts. 651, 48 Stat. (B) describes medical history; past or present symptoms or sensations; their inception; or their general cause. 1958). 0000002174 00000 n Definitions That Apply to This Article; Exclusions from Hearsay Rule 802. It is appropriate to impose this burden on opponent, as the basic admissibility requirements are sufficient to establish a presumption that the record is reliable. 889 (1919), Treasury records of miscellaneous receipts and disbursements; Howard v. Perrin, 200 U.S. 71, 26 S.Ct. 1944); Medina v. Erickson, 226 F.2d 475 (9th Cir. The carving out, from the exclusion mentioned in the preceding paragraph, of declarations relating to the execution, revocation, identification, or terms of declarant's will represents an ad hoc judgment which finds ample reinforcement in the decisions, resting on practical grounds of necessity and expediency rather than logic. %%EOF But January 1, 1998 is a rational date for treating concerns about old and unreliable ESI. 222, 107 A. Wholly acceptable records may involve matters merely observed, e.g. 1553, 10 L.Ed.2d 699; Hall v. State, 223 Md. 563 0 obj <>/Filter/FlateDecode/ID[<38F1D95B40EB78408DDED03B9F6D5DED><833901CB4ADB004B8FF33D5910E05204>]/Index[546 32]/Info 545 0 R/Length 85/Prev 106781/Root 547 0 R/Size 578/Type/XRef/W[1 2 1]>>stream Professor McCormick believed that the doctor's report or the accident report were sufficiently routine to justify admissibility. (7) Absence of a Record of a Regularly Conducted Activity. 452, 58 L.Ed. Gencarella v. Fyfe, 171 F.2d 419 (1st Cir. The Committee accordingly amended the Rule to incorporate these limitations. Clainos v. United States, 82 U.S.App.D.C. RULES OF EVIDENCE CHEAT SHEET (Please refer to Simplified Rules of Evidence section for the complete rule) Rules 402 and 403 RELEVANT EVIDENCE is generally admissible unless it is unfairly prejudicial, may confuse the issue, or waste the courts time. (17) Market Reports and Similar Commercial Publications. The principle of proof by certification is recognized as to public officials in Exceptions [paragraphs] (8) and (10), and with respect to authentication in Rule 902. ZX t uFh@}2UP]l`0X 1EA@ Moreover, the Committee concluded that the additional requirement of Section 1732 that it must have been the regular practice of a business to make the record is a necessary further assurance of its trustworthiness. 0000005674 00000 n WebActively scan device characteristics for identification. 0 Kirby v. United States, 174 U.S. 47, 19 S.Ct. Reckless use of such evidence may result in a verdict against the defendant which may face significant risk of being overturned on appeal. 93650. 1960), remanded for resentencing 365 U.S. 609, 81 S.Ct. Rule 802. Laughlin, Business Records and the Like, 46 Iowa L.Rev. While we view rule 102 as being intended to provide for a broader construction and interpretation of these rules, we feel that, without a separate residual provision, the specifically enumerated exceptions could become tortured beyond any reasonable circumstances which they were intended to include (even if broadly construed). Hence the rule includes only convictions of felony grade, measured by federal standards. Changes Made After Publication and Comment. The rule therefore adopts the phrase the course of a regularly conducted activity as capturing the essential basis of the hearsay exception as it has evolved and the essential element which can be abstracted from the various specifications of what is a business.. The circumstances under which dispositive documents are executed and the requirement that the recital be germane to the purpose of the document are believed to be adequate guarantees of trustworthiness, particularly in view of the nonapplicability of the rule if dealings with the property have been inconsistent with the document. While these statutory exceptions to the hearsay rule are left undisturbed, Rule 802, the willingness of Congress to recognize a substantial measure of admissibility for evaluative reports is a helpful guide. Cq FF!Fqyn`o}k ?#/zE u 407, 63 L.Ed. 405(c)(3), (4)(B), (4)(C), absence of HEW [Department of Health, Education, and Welfare] record prima facie evidence of no wages or self-employment income. A judgment that is admitted to prove a matter of personal, family, or general history, or boundaries, if the matter: (B) could be proved by evidence of reputation. 26, 2011, eff. See 5 Wigmore 1645, as to marriage certificates. 0 1954). Yet, these are groups which keep financial and other records on a regular basis in a manner similar to business enterprises. The committee concludes that the language of the rule together with the explanation provided by the Advisory Committee furnish sufficient guidance on the admissibility of evaluative reports. 118, 30 L.Ed. The principal controversy attending the exception has centered, not upon the propriety of the exception itself, but upon the question whether a preliminary requirement of impaired memory on the part of the witness should be imposed. See McCormick 265, 268. This notice must be given sufficiently in advance of the trial or hearing to provide any adverse party with a fair opportunity to prepare to contest the use of the statement. 0000001415 00000 n 1966); Sayers v. Gardner, 380 F.2d 940 (6th Cir. The formulation of an approach which would give appropriate weight to all possible factors in every situation is an obvious impossibility. And Rule 807 can be used to admit old documents upon a showing of reliabilitywhich will often (though not always) be found by circumstances such as that document was prepared with no litigation motive in mind, close in time to the relevant events. 195, 50 I.Ed. Addendum: Federal rules of evidence comparison chart Adopted Date: 01/01/2021 Table of Contents Article I. The pendency of an appeal may be shown but does not affect admissibility. The rule avoids the danger of misunderstanding and misapplication by limiting the use of treatises as substantive evidence to situations in which an expert is on the stand and available to explain and assist in the application of the treatise if declared. 872 (1950). The exclusion of statements of memory or belief to prove the fact remembered or believed is necessary to avoid the virtual destruction of the hearsay rule which would otherwise result from allowing state of mind, provable by a hearsay statement, to serve as the basis for an inference of the happening of the event which produced the state of mind). When the status of a former judgment is under consideration in subsequent litigation, three possibilities must be noted: (1) the former judgment is conclusive under the doctrine of res judicata, either as a bar or a collateral estoppel; or (2) it is admissible in evidence for what it is worth; or (3) it may be of no effect at all. denied 356 U.S. 975, 78 S.Ct. People v. Reeves, 360 Ill. 55, 195 N.E. 1962); Glawe v. Rulon, 284 F.2d 495 (8th Cir. Protections are provided by the authentication requirements of Rule 902(11) for domestic records, Rule 902(12) for foreign records in civil cases, and 18 U.S.C. Cf. hb```Vl``0p\ rd0X3c`dY=A"@@QHa 3P?1c@An( 3H -#^ The amendments are technical. The Committee approved this Rule in the form submitted by the Court, intending that the phrase Statements of fact concerning personal or family history be read to include the specific types of such statements enumerated in Rule 803(11). 7 U.S.C. Slough, supra; McCormick, supra; 6 Wigmore 1755; Annot., 78 A.L.R.2d 300. Accordingly, the exception is located at this point rather than in the context of a rule where unavailability is conceived of more broadly. The Committee believed there were insufficient guarantees of reliability in records made in the course of activities falling outside the scope of business activities as that term is broadly defined in 28 U.S.C. Such evidence places Trump in the position of having to discredit not one victim but threeall of whom recount assaults that have the similar circumstances of having occurred in relatively public places. 7 Wigmore 2145a. 477, 87 L.Ed. The other possibility was to include the exception among those covered by Rule 804. 286 (1950); 50 Colum.L.Rev. 17, 2000, eff. 0000000616 00000 n 273, 414 P.2d 925 (1966). The House felt that rule 102, which directs the courts to construe the Rules of Evidence so as to promote growth and development, would permit sufficient flexibility to admit hearsay evidence in appropriate cases under various factual situations that might arise. People v. Love, 310 Ill. 558, 142 N.E. In order to set the question at rest in favor of admissibility, it is specifically treated here. The committee believes that there are certain exceptional circumstances where evidence which is found by a court to have guarantees of trust worthiness equivalent to or exceeding the guarantees reflected by the presently listed exceptions, and to have a high degree of prolativeness and necessity could properly be admissible. Cheat Sheet; Obsessed; Politics; of other victims of Trumps alleged sexual predation that Carrolls attorneys will be allowed to present under a federal rule of We do not think it reflects an understanding of the intended operation of the rule as explained in the Advisory Committee notes to this subsection. 16, 2013, eff. 3500 ]. Each type of evidence has its own rules for establishing relevance and being authenticated, two requirements for admissibility. 0000002503 00000 n 735 (1926). Some harmless duplication no doubt exists with Exception [paragraph] (7). The House approved rule 803(8), as submitted by the Supreme Court, with one substantive change. 679, certificate of consul presumptive evidence of refusal of master to transport destitute seamen to United States. The Commonwealth Fund Act was the result of a study completed in 1927 by a distinguished committee under the chairmanship of Professor Morgan. 78, findings of Secretary of Agriculture prima facie evidence of true grade of grain; 7 U.S.C. In order to show that lightning may not have been the cause of the charring, the insurer offered a copy of a local newspaper published over 50 years earlier containing an unsigned article describing a fire in the courthouse while it was under construction. 0000005566 00000 n 38.41. endstream endobj 80 0 obj<> endobj 81 0 obj<> endobj 82 0 obj<> endobj 83 0 obj<>stream 553 (1847), follows in the pattern of the English decisions, mentioning as illustrative matters thus provable: manorial rights, public rights of way, immemorial custom, disputed boundary, and pedigree. For similar provisions, see Uniform Rule 63(30); California Evidence Code 1340; Kansas Code of Civil Procedure 60460(bb); New Jersey Evidence Rule 63(30). Exceptions to the Rule Against Hearsay. Under the amendment, a document is "prepared" when the statement proffered was recorded in that document. The writers have generally favored the admissibility of learned treatises, McCormick 296, p. 621; Morgan, Basic Problems of Evidence 366 (1962); 6 Wigmore 1692, with the support of occasional decisions and rules, City of Dothan v. Hardy, 237 Ala. 603, 188 So. Rule 404 CHARACTER EVIDENCE is generally not admissible to prove conduct, except: Character of Accused offered by Accused (State may rebut) Character of Victim offered by Accused (State may rebut), or peacefulness of victim offered by State to rebut self-defense. Moreover, under Rule 104(a) the judge is not limited by the hearsay rule in passing upon preliminary questions of fact. The foundation of the minority view is that the hearsay objection must be regarded as unimpressive when directed against treatises since a high standard of accuracy is engendered by various factors: the treatise is written primarily and impartially for professionals, subject to scrutiny and exposure for inaccuracy, with the reputation of the writer at stake. c. 233 21A; 5 Wigmore 1616. As pointed out in McCormick 298, danger of mistake is minimized by authentication requirements, and age affords assurance that the writing antedates the present controversy. Entries in the form of opinions were not encountered in traditional business records in view of the purely factual nature of the items recorded, but they are now commonly encountered with respect to medical diagnoses, prognoses, and test results, as well as occasionally in other areas. The records of public schools and hospitals are also covered by Rule 803(8), which deals with public records and reports. The E. Jean Carroll trial against Donald Trump for rape and defamation began poorly for the former president, with opening statements by lawyers for both parties starting with Trumps decision to not bother showing up in person. When, however, the doctrine of res judicata does not apply to make the judgment either a bar or a collateral estoppel, a choice is presented between the second and third alternatives. New York Life Ins. HTo0~_q m01S)%HNSj&J* u{@BXLj8qFc The case of Dallas County v. Commercial Union Assoc. Notes of Conference Committee, House Report No. 1967); Colwell v. Gardner, 386 F.2d 56 (6th Cir. The term is borrowed from revised Rule 34(a) of the Rules of Civil Procedure. Notes of Committee on the Judiciary, House Report No. (14) Records of Documents That Affect an Interest in Property. If the witness is not the declarant, he may be examined as to the circumstances as an aid in evaluating the statement. In Reilly v. Pinkus, supra, the Court pointed out that testing of professional knowledge was incomplete without exploration of the witness knowledge of and attitude toward established treatises in the field. d! C(Q,3%.23r``PhurFw4LU`\ZYl})B. See Rules 6130(b) and 801(d)(1). Both are needed in order to avoid needless niggling. May be admissible for other purposes. 0000003743 00000 n L. 94149 inserted a comma immediately after family in catchline. (15) Statements in Documents That Affect an Interest in Property. The Conferees changed the definition of business contained in the House provision in order to make it clear that the records of institutions and associations like schools, churches and hospitals are admissible under this provision. 22, 78 L.Ed. Thus a patient's statement that he was struck by an automobile would qualify but not his statement that the car was driven through a red light. All participants, including the observer or participant furnishing the information to be recorded, were acting routinely, under a duty of accuracy, with employer reliance on the result, or in short in the regular course of business. If, however, the supplier of the information does not act in the regular course, an essential link is broken; the assurance of accuracy does not extend to the information itself, and the fact that it may be recorded with scrupulous accuracy is of no avail. 1965), citing numerous cases and sustaining the exception against a claimed denial of the right of confrontation. Marriage is universally conceded to be a proper subject of proof by evidence of reputation in the community. There is no intent to change any result in any ruling on evidence admissibility. 1965); Annot., 69 A.L.R.2d 1148. K yrI\}1UaBl6V+_HECzMp+5# 0 )0L& E-}0g CE- C[jeg~9@ Precisely because of the explosive effect of such evidence of a defendants conduct, judges must be careful how much evidence will be let into a case and carefully control its use. This last stated principle is deemed applicable to all the hearsay rules. In the second trial, the prosecution was allowed to introduce the testimony of five other women besides the victim, who testified about Cosbys assaults. They are problems of the source of the recorded information, of entries in opinion form, of motivation, and of involvement as participant in the matters recorded. McCormick 277, p. 593; 3 Wigmore 738, p. 76; Jordan v. People, 151 Colo. 133, 376 P.2d 699 (1962), cert. The element of unusual reliability of business records is said variously to be supplied by systematic checking, by regularity and continuity which produce habits of precision, by actual experience of business in relying upon them, or by a duty to make an accurate record as part of a continuing job or occupation. When, however, the record is offered for the further purpose of proving execution and delivery, a problem of lack of first-hand knowledge by the recorder, not present as to contents, is presented. A record or statement of a public office if: (ii) a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel; or, (iii) in a civil case or against the government in a criminal case, factual findings from a legally authorized investigation; and. The first situation does not involve any problem of evidence except in the way that principles of substantive law generally bear upon the relevancy and materiality of evidence. 908.03(6).]. The exception is in effect a reiteration, in the context of hearsay, of Rule 405(a). These guides may be used for educational purposes, as long as proper credit is given. Moreover, a good deal of old information in hardcopy has been digitized or will be so in the future. Practical considerations require exclusion of convictions of minor offenses, not became the administration of justice in its lower echelons must be inferior, but because motivation to defend at this level is often minimal or nonexistent. Rule 614. In considerable measure these two examples overlap, though based on somewhat different theories. Trumps absence made Tacopina his stand-in for the start of the trial and while his blustery style might make him an excellent choice as a debate practice stand-in for Trump, it is unlikely to be helpful in a case where Trump is accused of rape (sexual battery) and defamation. The Advisory Committee explains the factors to be considered: Factors which may be assistance in passing upon the admissibility of evaluative reports include: (1) the timeliness of the investigation, McCormick, Can the Courts Make Wider Use of Reports of Official Investigations? In view of its action on [proposed] Rule 804(b)(5) (Criminal law enforcement records and reports) [deleted], the Conference does not adopt the Senate amendment and restores the bill to the House version. Exception (6) represents an area which has received much attention from those seeking to improve the law of evidence. Rule 803(5) as submitted by the Court permitted the reading into evidence of a memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify accurately and fully, shown to have been made when the matter was fresh in his memory and to reflect that knowledge correctly. The Committee amended this Rule to add the words or adopted by the witness after the phrase shown to have been made, a treatment consistent with the definition of statement in the Jencks Act, 18 U.S.C. As trial by jury graduated from the category of neighborhood inquests, this theory lost its validity. Efforts to set a limit are illustrated by Hartzog v. United States, 217 F.2d 706 (4th Cir. 0000006935 00000 n Uniform Rule 63(14), Comment. 5 Wigmore 1602. 160, 229 F.2d 43 (1956). The Rule Against Hearsay Rule 803. Co. v. Taylor, 79 U.S.App.D.C. Credibility determinations are a particularly important factor in such cases and a big part of that is the demeanor of parties both on and off the stand. Moreover, some courts hold you have no right to appeal a failure to give such an instruction unless you requested and were refused the instruction. For comparable provisions see Uniform Rule 63(20); California Evidence Code 1300; Kansas Code of Civil Procedure 60460(r); New Jersey Evidence Rule 63(20). WebWashington Rules of Evidence. 1284(b), proof of absence of alien crewman's name from outgoing manifest prima facie evidence of failure to detain or deport, and 42 U.S.C. Locating the exception at this place in the scheme of the rules is a matter of choice. This chart provides a quick guide to the most convenient sources of federal court rules in the Georgetown Law Library, on the Web, and on Lexis and Westlaw. Co., 33 Wis.2d 69, 146 N.W.2d 505 (1966), 66 Mich.L.Rev. 2, 1987, eff. The second portion is likewise supported by authority, id., and is designed to facilitate proof of events when judicial notice is not available The historical character of the subject matter dispenses with any need that the reputation antedate the controversy with respect to which it is offered. Thus what may appear in the rule, at first glance, as endowing the record with an effect independently of local law and inviting difficulties of an Erie nature under Cities Service Oil Co. v. Dunlap, 308 U.S. 208, 60 S.Ct. The words Transferred to Rule 807 were substituted for Abrogated.. admissible to prove liability, invalidity of claim, or similar, proceedings, and plea discussions th, withdrawn), are not admissible. "0rq/U0b"iu/. The amendment incorporates, with minor variations, a "notice-and-demand" procedure that was approved by the Melendez-Diaz Court. endstream endobj 212 0 obj <> endobj 213 0 obj <> endobj 214 0 obj <>stream 0000015374 00000 n The House bill provides in subsection (6) that records of a regularly conducted business activity qualify for admission into evidence as an exception to the hearsay rule. 108, 96 L.Ed. hb```BJ eaf?E!0VkK[0i#j?f(kLT}FsCF The contents of Rule 803(24) and Rule 804(b)(5) have been combined and transferred to a new Rule 807. Id. This use of treatises has been the subject of varied views. Absence of routineness raises lack of motivation to be accurate. Hearsay Within Are you sure you want to delete your template? Court rules prescribe procedures for practice in the courts. 239 0 obj <>stream Morgan, Basic Problems of Evidence 340341 (1962). Thus, the line between ESI and hardcopy was determined to be one that could not be drawn usefully. Chesapeake & Delaware Canal Co. v. United States, 250 U.S. 123, 39 S.Ct. Moreover, it is the Committee's understanding that a memorandum or report, although barred under this Rule, would nonetheless be admissible if it came within another hearsay exception. The Melendez-Diaz Court declared that a testimonial certificate could be admitted if the accused is given advance notice and does not timely demand the presence of the official who prepared the certificate. 292, order by Secretary of Agriculture prima facie evidence in judicial enforcement proceedings against producers association monopoly; 7 U.S.C. Others no doubt could be added. United States v. Mortimer, 118 F.2d 266 (2d Cir. The disagreement among the decisions has been due in part, no doubt, to the variety of situations encountered, as well as to differences in principle. However, both the business record doctrine and Exception [paragraph] (6) require that the person furnishing the information be one in the business or activity. Permissible subject matter of the statement is limited under Exception [paragraph] (1) to description or explanation of the event or condition, the assumption being that spontaneity, in the absence of a startling event, may extend no farther. 1732. Under the rule, these recitals are exempted from the hearsay rule. Many additional cases are cited in Annot., 82 A.L.R.2d 473, 520. the weather. 1949); Skogen v. Dow Chemical Co., 375 F.2d 692 (8th Cir. The individual district courts also have local rules, and sometimes judge-specific rules, which A civil cover sheet, if required by the court's local rules. 301 (W.D.Mo. Evidence of a final judgment of conviction if: (A) the judgment was entered after a trial or guilty plea, but not a nolo contendere plea; (B) the conviction was for a crime punishable by death or by imprisonment for more than a year; (C) the evidence is admitted to prove any fact essential to the judgment; and. See California Evidence Code 1315 and Comment. 1950), Certificate of Settlement from General Accounting Office in action for naval supplies lost in warehouse fire; Yung Jin Teung v. Dulles, 229 F.2d 244 (2d Cir. The basis of trustworthiness is general reliance by the public or by a particular segment of it, and the motivation of the compiler to foster reliance by being accurate. For supporting federal decisions see Clark, J., in New York & Cuba Mail S.S. Co. v. Continental Cas. 0000006229 00000 n 478 (1924), holding a church record admissible to prove fact, date, and place of baptism, but not age of child except that he had at least been born at the time.
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