Evidence-Wellborn SU2006 Outline

Agent or servant admissions preliminary questions of

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Unformatted text preview: party in one case can later be used against that same party in unrelated litigation, unless there is a finding that the expert witness is an agent of the party and is authorized to speak on behalf of that party. Notes: Court says: An expert witness is called by a party, but when the expert witness gets on the stand, his obligation is just to give a truthful, neutral opinion on the matter and while he is on the stand the party who called him doesn't have control over what he is going to say Wellborn says give me a break! Wellborn thinks the holding is crazy (but maybe it's because they are affirming the trial court's ruling)...Wellborn thinks this is an authorized statement! Or is at least adoptive didn't they manifest truth in the statement by putting this guy on and ask the legal system to base a finding in their favor on what he had to say? Hmmm interesting! Hearsay Exceptions: Admission by a Party-Opponent Agent or Servant [FRE 801(d)(2)(D)] FRE 801(d)(2)(D): Statements Which Are Not Hearsay. A statement is not hearsay if The statement is offered against a party opponent and is (D) a sta...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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