Evidence-Wellborn SU2006 Outline

Scheerer who said that the cause of the accident was

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Unformatted text preview: n purposes)...they are going to make these accurate because they are going to rely on it for business purposes, not litigation! o When you get to the outsider or volunteer they don't have this incentive, to be accurate to the business, the outsider's incentive to be accurate is not motivated by these business purposes and therefore does not justify hearsay purposes. o Johnson v. Lutz court says: "The person making the statement must be part of the organization!!!" or statement must fall within another hearsay exception Rule 805: Hearsay within Hearsay If you have hearsay within hearsay than you can stack exceptions o One of the common ones is to stack 803(6) and 803(4)...patient's statements are not admissible under 803(6) but is admissible under 803(4), so the chart that records the patients statements are admissible o 803(6) and 801(d)(2)) if the outsider who makes the statement on behalf of the business is the party whom against the case is charged, then it is admissible. Makes sense. Document prepared by a third party may qualify as a business record under 803(6) if the business integrated the document into its records and r...
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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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