Evidence-Wellborn SU2006 Outline

O claims it was not a business record o also dispute

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Unformatted text preview: he method or circumstances of preparation indicate lack of trustworthiness.") Courts are likely to invoke the "lack of trustworthiness" proviso with regard to documents prepared in anticipation of litigation, under circumstances similarly suggesting a motive to misrepresent. Ex-Inadmissible: Litigants cannot evade the trustworthiness requirement of Rule 803(6) by simply hiring an outside party to investigate an accident and then arguing that the report is a business record because the investigator regularly prepares such reports as part of his business. Suggests a motive to misrepresent Ex-Inadmissible: Report in this case was not kept in the course of a regularly conducted business activity, but rather was specially prepared at the behest of the FBI and with the knowledge that any information it supplied would be used in an ongoing criminal investigation...we adhere to the well-established rules that documents made in anticipation of litigation are inadmissible under the business records exception. Note: If a public record or report is inadmissible against an accused in a criminal case under 803(8), record or report generally cannot be...
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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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