Evidence-Wellborn SU2006 Outline

Quezada hearsay exceptions availability of declarant

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Unformatted text preview: t rather they are going to give it to their lawyers, that's fundamentally different. There are later railroad cases where such documents have been admitted notwithstanding Palmer, but these cases are different: o We are required by specific ICC regulations to do this, and to do it in specified ways..not our decision to do this...not self-interested for purposes of litigation. o No one involved in the accident can be involved in the preparation of the report. o So basically, the lack of trustworthiness is an ad hoc case by case determination. o But most address this thing that the document was made for the purposes of litigation, rather than something that would be relied on for non-litigation business purposes. Public Records and Reports [FRE 803(8) 803(10)] FRE 803(8 - 10): Hearsay Exceptions; Availability of Declarant Immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: Public Records and Reports. Records, reports, statements or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to dut...
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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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