Ex: in drug prosecution, chemist’s report concluding that the substance was heroin was inadmissible under FRE 803(8) and could not be offered under FRE 803(6) even though it appeared to meet the requirements – (2nd Cir.) Trustworthiness: factors include timeliness of the investigation, skill or experience of the investigator, extent of the investigation, bias or prejudice of the investigator Advisory Committee Note suggests this only applies to (C) but some courts extend to (A) & (B) as well Absence of Entry in a Public Record FRE 803(10): Testimony—or a certification under FRE 902 that a diligent search failed to disclose a public record is admissible if offered to prove that the record does not exist or a matter did not occur or exist, even though a public office regularly kept a record for a matter of that kind. CEC § 1272: same Usually offered to show a required public filing did not take place Public Records of Vital Statistics FRE 803(9): record of birth, death, or marriage, if reported to a public office in accordance w/ a legal duty CEC § 1281: same Policy: Trustworthy, efficiency (records can usually be self-authenticating under FRE 902(4), (8) or (11)), necessity Records of Religious Orgs. Concerning Personal or Family History FRE 803(11): statement of birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage, or similar facts of personal or family history, contained in a regularly kept record of a religious organization CEC § 1315: same Policy: like businesses, religious organizations have motive to keep accurate records Certificates of Marriage, Baptism, and Similar Ceremonies FRE 803(12): a statement of fact contained in a certificate (A) Made by a person authorized by a religious organization or by law to perform the act certified (clergy, public officials, etc.) (B) Attesting that the person performed a marriage or similar ceremony or administered a sacrament; and (C) Purporting to have been issued at the time of the act or w/in a reasonable time after CEC § 1316: same Policy: trustworthy b/c made close to time performed Family Records
Ex: in drug prosecution, chemist’s report concluding that the substance was heroin was inadmissible under FRE 803(8) and could not be offered under FRE 803(6) even though it appeared to meet the requirements – (2nd Cir.) Trustworthiness: factors include timeliness of the investigation, skill or experience of the investigator, extent of the investigation, bias or prejudice of the investigator Advisory Committee Note suggests this only applies to (C) but some courts extend to (A) & (B) as well Absence of Entry in a Public Record FRE 803(10): Testimony—or a certification under FRE 902 that a diligent search failed to disclose a public record is admissible if offered to prove that the record does not exist or a matter did not occur or exist, even though a public office regularly kept a record for a matter of that kind. CEC § 1272: same Usually offered to show a required public filing did not take place Public Records of Vital Statistics FRE 803(9): record of birth, death, or marriage, if reported to a public office in accordance w/ a legal duty CEC § 1281: same Policy: Trustworthy, efficiency (records can usually be self-authenticating under FRE 902(4), (8) or (11)), necessity Records of Religious Orgs. Concerning Personal or Family History FRE 803(11): statement of birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage, or similar facts of personal or family history, contained in a regularly kept record of a religious organization CEC § 1315: same Policy: like businesses, religious organizations have motive to keep accurate records Certificates of Marriage, Baptism, and Similar Ceremonies FRE 803(12): a statement of fact contained in a certificate (A) Made by a person authorized by a religious organization or by law to perform the act certified (clergy, public officials, etc.) (B) Attesting that the person performed a marriage or similar ceremony or administered a sacrament; and (C) Purporting to have been issued at the time of the act or w/in a reasonable time after CEC § 1316: same Policy: trustworthy b/c made close to time performed Family Records
Evidence-Williams-2015-1.docx