Evidence-Wellborn SU2006 Outline

Foundation for business record the foundation for

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Unformatted text preview: ent. o Note 3, Page 193 failed memory requirement could be abused if you followed Wigmore. A claim suggested or even worse a lawyer is going to sit down with the person at the first meeting saying "let us write it down.". Going to get something that is all prettied up. However, if you have to take the position as a witness you don't remember anymore, that's a price you have to pay to get the writing in!! (Credibility at the expense of getting the writing in) Usually the way the foundation is laid here, you go through the step where you first show the witness arriving and then ask him to put it down. Now do you have a present memory? First try and refresh! (Classic example would be a license plate number...can remember that for a few minutes and then it's gone.) ASK WELLBORN WHAT HEARSAY DANGER THIS ELIMINATES Seems like none; just let this type of hearsay in because of necessity! FRE 803(6,7): Hearsay Exceptions; Availability of Declarant Immaterial. The following are not excluded b...
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