Which statement best describes the Absence of a Public Record exception under Rule 803?

Which statement best describes the Absence of a Public Record exception under Rule 803?

• A. Testimony or a certification that a diligent search failed to disclose a public record or statement to prove that the record does not exist.
• B. A declaration that a public record exists and is accurate.
• C. A copy of a public record admitted as evidence.
• D. A summary of public records not tied to a specific record.

Answer: (A)

Absence of a Public Record under Rule 803 lets you admit evidence that a public record either was not found after a diligent search or does not exist. The key idea is that showing a thorough search failed to disclose a record (or proving the nonexistence of the record) can itself be probative, provided a witness testifies about the search or a custodian certifies the results. This addresses situations where no public record is available, rather than proving the record’s content. The other options describe different concepts: stating that a public record exists and is accurate points to the usual admissibility of a public record itself, not its absence. A copy of a public record admitted as evidence is about admitting the record’s contents, not about proving nonexistence. A summary of public records not tied to a specific record refers to aggregating records, which is a separate idea from the absence exception.

Absence of a Public Record under Rule 803 lets you admit evidence that a public record either was not found after a diligent search or does not exist. The key idea is that showing a thorough search failed to disclose a record (or proving the nonexistence of the record) can itself be probative, provided a witness testifies about the search or a custodian certifies the results. This addresses situations where no public record is available, rather than proving the record’s content.

The other options describe different concepts: stating that a public record exists and is accurate points to the usual admissibility of a public record itself, not its absence. A copy of a public record admitted as evidence is about admitting the record’s contents, not about proving nonexistence. A summary of public records not tied to a specific record refers to aggregating records, which is a separate idea from the absence exception.