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Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#058
Legal Definition
The ancient documents hearsay exception applies to any document that is at least 20 years old.
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
This is one of my favorite exceptions because when you think of "ancient" you probably think of things like chiseled stone tablets, pyramids, or maybe even aliens. But no, to the law, any document that is 20 years old or older is considered "ancient." Do you feel old now?
This may seem arbitrary, but it goes back to the purpose of hearsay: to keep false or inaccurate statements out of court when you don't have a chance to scrutinize the person who made the statement. Here, if a document was made 20 years ago, it is highly unlikely that the person who created the document 20 years ago was thinking, "I should lie about this now so that in 20 years someone can use my lie to benefit them in a lawsuit!"
This may seem arbitrary, but it goes back to the purpose of hearsay: to keep false or inaccurate statements out of court when you don't have a chance to scrutinize the person who made the statement. Here, if a document was made 20 years ago, it is highly unlikely that the person who created the document 20 years ago was thinking, "I should lie about this now so that in 20 years someone can use my lie to benefit them in a lawsuit!"
Hypothetical
Hypo 1: Bob finds an old letter in his attic written in 1999, claiming that his neighbor, Sam, agreed to never build a fence between their properties. Bob uses this letter in court to stop Sam from building a fence. Result: The court accepts the letter as valid evidence under the ancient documents rule, since it's over 20 years old and supports Bob's claim.
Hypo 2: Bob tries to use a 15-year-old email as evidence in a dispute with Sam over a business deal. Result: This exception would not apply because the record isn't at least 20 years old (but perhaps another exception would).
Hypo 3: Sam finds a 30-year-old map in a library, showing a public right of way across Bob's property. He uses it in court to gain access through Bob's land. Result: The map is accepted under the ancient documents rule as credible evidence due to its age.
Hypo 2: Bob tries to use a 15-year-old email as evidence in a dispute with Sam over a business deal. Result: This exception would not apply because the record isn't at least 20 years old (but perhaps another exception would).
Hypo 3: Sam finds a 30-year-old map in a library, showing a public right of way across Bob's property. He uses it in court to gain access through Bob's land. Result: The map is accepted under the ancient documents rule as credible evidence due to its age.
Visual Aids
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