🦅
Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#054
Legal Definition
The official and public records hearsay exception applies to records that either describe activities or policies of an office, or describes matters observed pursuant to a duty imposed by law (excluding police observations in a criminal case), or contains factual findings resulting from an investigation made pursuant to authority granted by law, unless untrustworthy.
It doesn't matter whether the witness is available or not.
It doesn't matter whether the witness is available or not.
Plain English Explanation
Certain government records and reports may be used as evidence in court cases even when the person who wrote them does not come to court. The records must be about government activities or observations that were required by law, unless the court finds them untrustworthy. For example, if a government inspector wrote up a report about unsafe conditions at a building, that report could be used as evidence that the building was unsafe, without needing to bring the inspector to court. This saves time and resources. However, the court still has the power not to allow the report if there seem to be good reasons not to trust what's in it. The rule only applies to records related to government activities or legal duties - it can't be used to bring in random documents.
Hypothetical
Hypo 1: Bob works for the city's road maintenance department. He submits a report detailing the poor condition of a bridge. Later, Sam sues the city after his car is damaged on that bridge. Result: Sam uses Bob's report as evidence in court. The official and public records exception applies, so the report is admitted despite Bob not being present.
Hypo 2: Bob, a government health inspector, files a report about unsanitary conditions at Sam's restaurant. Later, Amy sues Sam after getting food poisoning. Result: Amy presents Bob's inspection report in court. Under the official and public records exception, the report is accepted as evidence, even though Bob is not there to testify.
Hypo 3: Bob, an environmental scientist, writes a report for the government on pollution levels in a river. Sam, a local fisherman, sues a factory for polluting the river and harming his fishing business. Result: Sam uses Bob's report in court to prove the pollution. The report is allowed as evidence through the official and public records exception.
Hypo 5: Bob, a private investigator, writes a report on his investigation into Sam's alleged infidelity. Amy tries to use this report in her divorce proceedings. Result: The report is not admitted in court under this exception because it's not an official or public record, but rather a private individual's findings.
Hypo 2: Bob, a government health inspector, files a report about unsanitary conditions at Sam's restaurant. Later, Amy sues Sam after getting food poisoning. Result: Amy presents Bob's inspection report in court. Under the official and public records exception, the report is accepted as evidence, even though Bob is not there to testify.
Hypo 3: Bob, an environmental scientist, writes a report for the government on pollution levels in a river. Sam, a local fisherman, sues a factory for polluting the river and harming his fishing business. Result: Sam uses Bob's report in court to prove the pollution. The report is allowed as evidence through the official and public records exception.
Hypo 5: Bob, a private investigator, writes a report on his investigation into Sam's alleged infidelity. Amy tries to use this report in her divorce proceedings. Result: The report is not admitted in court under this exception because it's not an official or public record, but rather a private individual's findings.
Visual Aids
Related Concepts
In California, how does the ancient documents hearsay exception differ?
In California, how does the judgments of conviction hearsay exception differ?
In California, how does the learned treatises hearsay exception differ?
In California, how does the official and public records hearsay exception differ?
In California, what is the contemporaneous statements hearsay exception, and does it require the witness to be available?
In California, what is the spontaneous statement hearsay exception, and does it require the witness to be available?
What is the ancient documents hearsay exception, and does it require the witness to be available?
What is the business records hearsay exception, and does it require the witness to be available?
What is the excited utterance hearsay exception, and does it require the witness to be available?
What is the family records hearsay exception, and does it require the witness to be available?
What is the judgments of conviction hearsay exception, and does it require the witness to be available?
What is the learned treatises hearsay exception, and does it require the witness to be available?
What is the market reports hearsay exception, and does it require the witness to be available?
What is the past physical or mental condition hearsay exception, and does it require the witness to be available?
What is the past recorded recollection hearsay exception, and does it require the witness to be available?
What is the present physical or mental condition hearsay exception, and does it require the witness to be available?
What is the present sense impression hearsay exception, and does it require the witness to be available?
What is the present state of mind hearsay exception, and does it require the witness to be available?
What is the property records hearsay exception, and does it require the witness to be available?
What is the vital records hearsay exception, and does it require the witness to be available?
