Declarant Availability Immaterial (2) Flashcards
803(5) is about ___
recorded recollection
803(5) requirements
- once knew about but can’t recall well enough to testify accurately
- made/adopted when fresh in memory
- accurately reflects witness knowledge
If recorded recollection is admitted, the record ____ BUT ____
may be read into evidence, received as exhibit only if offered by adverse party
Speeding car killed Rathburn. As car sped off, bystander M yelled out to Sullican license plate number. Wrote down on envelope 10 minutes later.
Admit
1st layer M to S – excited utterance
2nd – S refresh but can’t admit into record
Prosecution grilling Johnson about statement about police but J says doesn’t remember.
Inadmit, witness unable to vouch for accuracy
Reginald instead of claiming no memory changed story and denied witnessing homicide. How to admit?
1) 613 – inconsistent
2) 801(d)(1)(C) – for ID parts
3) should’ve put in front of grand jury to lock in under 801(d)(1)(A)
4) if unavailable get it maybe as against his own interest 804(b)(3) but would have to redact parts implicating others
803(6) is about ___
records of regularly conducted activity
803(6)(a) requirements
- made at or near time by someone with knowledge
803(6)(b)
regularly conducted activity of business or org
803(6)(c)
making record regular practice
803(6)(d)
shown by testimony of custodian or certification
803(6)(e)
opponent doesn’t show source of info or method of preparation indicate lack of trustworthiness
803(7) is about ___
absence of record of regularly conducted activity
803(7)(A)
admitted to prove matter didn’t occur or exist
803(7)(b)
was regularly kept for matter of that kind
803(7)(c)
opponent doesn’t show source or method of prep indicate untrustworthiness
Medmal action against doctor for negative administration of anesthesia soon after patient’s meal
1) Nurse notation doctor on notice of when patient last ate
Admit, not hearsay, effect on listener
Medmal action against doctor for negative administration of anesthesia soon after patient’s meal
2) Nurse testimony offered to prove patient had just eaten
Admit under 803(4) medical treatment
Medmal action against doctor for negative administration of anesthesia soon after patient’s meal
3) Nurse can’t be found. Report showing time patient last ate.
Admit 803(6) business records (nurse had personal knowledge)
Medmal action against doctor for negative administration of anesthesia soon after patient’s meal
4) How patient was feeling
Admit, 803(4)
Newlyweds collided with train. Howard said hadn’t heard bells/lights from train. Train said there was and Howard contrib neg based on interview with deceased engineer after accident that said whistle/light on
Inadmit, not interview made in the ordinary course of business
Donohue bought lawnmower that she claims injured her (shifts into reverse), returned it
1) Employee noted the problem on receipt as per policy (no policy of verification though)
Inadmit, is a business record but no firsthand knowledge (required under 602)
Donohue bought lawnmower that she claims injured her (shifts into reverse), returned it
2) Donohue’s return record said reason for return was “grass chute”
Admit, party opponent statement offered by adverse party 801(d)(2)(A)
Crandall would send Vigneau marijuana; Vigneau would send back proceeds w WU money orders with his name/info on 21 WU forms. WU clerks do not independently check sender identity.
Inadmit, 602 issue because employees not verifying
