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Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#056
Legal Definition
These are records that must be made to a public officer pursuant to the requirements of the law.
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
First off, you may read "vital records" and think of "vital signs," which makes you feel like this has something to do with medical records. It doesn't. In this circumstance, "vital records" just means "very important records relating to someone's life." For example, records about a person's birth (a birth certificate), death (a death certificate), or marriage (a marriage license) can be admitted as evidence of the facts that they state (such as the time, date, place, and identity or people involved.
The law considers such records to be accurate and trustworthy since they are made by public officials who have a duty to record them and no motive to falsify them.
The law considers such records to be accurate and trustworthy since they are made by public officials who have a duty to record them and no motive to falsify them.
Hypothetical
Hypo 1: Bob is trying to prove in court that he is old enough to inherit a property. He presents his birth certificate as evidence of his age. Result: The birth certificate is accepted as valid evidence of Bob's age because it's a vital record, and it doesn't matter that the person who recorded his birth isn't in court to testify.
Hypo 2: Sam is in a legal dispute where he needs to prove that his marriage to Amy is legally valid. He uses their marriage license as proof in court. Result: The marriage license, being a vital record, is accepted as evidence of the marriage without needing the official who issued the license to testify.
Hypo 3: In a wrongful death lawsuit, Bob needs to establish the date of his father's death. He presents his father's death certificate in court. Result: The court accepts the death certificate as reliable evidence of the date of death, as it's a vital record. The absence of the official who recorded the death is not an issue.
Hypo 4: Bob and Sam are in a property dispute. Bob tries to use a regular letter from his doctor as proof of his health condition. Result: The court does not accept the letter as it is not a vital record. It's just a regular letter, not an official document like a birth or death certificate.
Hypo 2: Sam is in a legal dispute where he needs to prove that his marriage to Amy is legally valid. He uses their marriage license as proof in court. Result: The marriage license, being a vital record, is accepted as evidence of the marriage without needing the official who issued the license to testify.
Hypo 3: In a wrongful death lawsuit, Bob needs to establish the date of his father's death. He presents his father's death certificate in court. Result: The court accepts the death certificate as reliable evidence of the date of death, as it's a vital record. The absence of the official who recorded the death is not an issue.
Hypo 4: Bob and Sam are in a property dispute. Bob tries to use a regular letter from his doctor as proof of his health condition. Result: The court does not accept the letter as it is not a vital record. It's just a regular letter, not an official document like a birth or death certificate.
Visual Aids
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