Evidence-Wellborn SU2006 Outline

Sophie bit a child admissible under 801d2d and passes

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Unformatted text preview: 801(d)(2)(D) Mr. Poos' statement admissible under party-opponent agency exception: 801(d)(2)(D) Minutes not admissible against Mr. Poos, would be admissible against Wild Canid under 801(d)(2)(C) authority exception, but are outweighed by 403. o None of the conditions of 801(d)(2) cover the claim that minutes of a corporate board meeting can be used against a non-attending, non-participating employee of that corporation. Evidence not admissible against Mr. Poos. o "The directors as primary officers of the corporation had the authority to include their conclusions in the record of the meeting. SO the evidence would fall within 801(d)(2)(C) as to Wild Canid and be admissible. But the limited admissibility of the corporate minutes, coupled with the repetitive nature of the evidence and low probative value of the minute record, all justify supporting the judgment of the trial court under Rule 403 and excluding the evidence." Notes: Note: Under Rule 801(2)(D) the declarant need not have personal kno...
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