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Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#057
Legal Definition
This applies to property records like deeds and mortgages.
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
Deeds, mortgages, and other property records are considered trustworthy because they must be accurate for the property transaction to be valid. So the law allows them as evidence without needing the record-maker to testify about their accuracy. This avoids situations where an important property document couldn't be used just because the person who made it long ago can't come to court. It simplifies property disputes by assuming these documents are truthful unless proven otherwise.
Hypothetical
Hypo 1: Bob sells a piece of land to Sam and gives him a deed, a legal document proving ownership. Later, there's a dispute in court over who owns the land. Result: The deed can be used as evidence to show Sam owns the land, even if the person who prepared the deed is not present in court.
Hypo 2:
Sam takes a mortgage on his house and the bank holds the mortgage document. Later, Bob claims he owns a part of Sam's property. In court, the mortgage document is presented as evidence. Result: The mortgage document is accepted as evidence without the need for the bank official who prepared it to testify.
Hypo 2:
Sam takes a mortgage on his house and the bank holds the mortgage document. Later, Bob claims he owns a part of Sam's property. In court, the mortgage document is presented as evidence. Result: The mortgage document is accepted as evidence without the need for the bank official who prepared it to testify.
Visual Aids
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