Evidence-Wellborn SU2006 Outline

Keogh v commissioner of internal revenue hearsay

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Unformatted text preview: or "other qualified" witness (anyone who can credibly testify that the records satisfy the requirements of the exception). or by certification under 902 (11) or 902 (12). Not required that the witness have personal knowledge of the contents of the particular entry or the circumstances in which it was made; suffices that the witness can testify to the procedures under which the records were created. The custodian who testifies to the foundation for a business record need not have been the custodian at the time the record was made. Ex Inadmissible. State police officer not a qualified witness to lay the foundation for a state crime laboratory chemist's report, because he had no personal knowledge about how the reports were prepared or maintained. Very liberal in terms of what's required of the testimony of the custodian or sponsoring witness: can prove that you were a person w/ knowledge through either testimony or affidavit. VERY IMPORTANT [SEE SCHEERER CASE]: Even if you make out the four basic elements, the record may be excluded if the court finds it lacks trustworthiness!! ("Unless the source of information or t...
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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 at Austin.

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