If a public agency cannot locate a record of a given incident, the absence of a public record of that matter may be admitted. This is which Rule 803(10) concept?

• A. Public records
• B. Then-existing mental condition
• C. Ancient documents
• D. Absence of a public record of a matter

Answer: (D)

Rule 803(10) lets you admit the absence of a public record as evidence that the matter did not occur, when a public office would normally have created a record if it had happened. The idea is that if the incident had occurred, a government agency would typically produce a record, so showing that no such record exists can support a conclusion of nonoccurrence. This is a narrow, targeted exception and relies on the public nature and duty of record-keeping to give the absence evidentiary weight. For example, if a agency cannot locate a report about a specific incident, that absence may be admitted to suggest the incident did not occur, assuming a thorough search and proper authentication. This differs from the general public-records rule, which deals with the admissibility of records themselves, not the significance of their absence; and it’s distinct from the mental-condition and ancient-documents rules, which address different kinds of evidence.