Evidence-Wellborn SU2006 Outline

Memorandum not made but adopted by witness rule 8035

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Unformatted text preview: caters to this situational depression. IF the situation is one of the things that is making her crater than telling her to get that guy out of the house is part of treatment. "You have to get that guy out of the house in order to get better." Wellborn likes Moen: The fact that this medically pertinent fact happened to be the behavior of another human being so what? That's not uncommon! Notice how the rule is phrased: "For purposes of medical treatment" doesn't have to be a statement by the patient... especially with children (front line for the children is mom and dad) Can be a bystander witnessing an accident trying to help the doctor etc. "She was sexually abused by her father" Austin Court of Appeals has issued a couple of decisions more recently that go against aggressive admissibility in these cases (aggressive admissibility example = Syndex Corp v. Dean, see note 1 on page 188). Now believe there should be a difference between statements made that are pertinent to treatment versus statements that are made simply during treatment! Recorded Recollection FRE 803(...
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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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