Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

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Unformatted text preview: . No requirement that the person whose knowledge was the basis for the entry be identified, so long as it is shown that it was the regular practice of the activity to receive information from a person with knowledge. Double Hearsay: If a business record incorporates a statement by a person who is not part of the regular organized activity (an "outsider" to the organized activity), and the record is offered to prove the truth of the incorporated statement, the record will be treated as "double hearsay". The statement by the outside declarant will be inadmissible for its truth unless it independently falls within an exception to or exemption from the hearsay rule. Example Inadmissible. Although the adjuster's report might otherwise qualify as a business record within the meaning of Rule 803(6), Belsky's statement does not satisfy the rule's requirements because there was no showing that he had a duty to report the information he was quoted as having given!! Example Admissible. Police report incorporating...
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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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