Hearsay

News & Analysis as of

California Supreme Court: No Special Rules to Authenticate Red-Light-Camera Evidence; Evidence Is Not Hearsay

In a unanimous decision published yesterday,camera the California Supreme Court concluded that the evidence generated by an automated traffic enforcement system (ATES) was adequately authenticated by the testimony of a city...more

The Business Records Exception to the Hearsay Rule

When a bank assigns a mortgage to another bank, the assignor typically provides a loan payment history to the assignee as part of the transfer. If the assignee later brings suit to foreclose the mortgage, it is typical to...more

The Hearsay Rule Matters In Calif. PUC Proceedings

On Feb. 5, 2014, the California Court of Appeal for the First District issued its decision in The Utility Reform Network v. Public Utilities Commission (TURN v. PUC), in which the court established a clear rule that hearsay...more

Hearsay Statements Increase an Employer’s Risk in California

In reversing summary judgment for an employer in an age discrimination case, the California Court of Appeal extended the statement against interest exception to the hearsay rule set forth in California Evidence Code section...more

The Hearsay Rule Matters in California Public Utilities Commission Proceedings

Just last week, the California Court of Appeal issued its decision in The Utility Reform Network v. Public Utilities Commission (TURN v. PUC), in which the Court established a clear rule that hearsay evidence in-and-of-itself...more

Illinois Supreme Court to Hear Due Process Challenge to Liquor License Revocation

Our previews of the latest additions to the Illinois Supreme Court's civil docket continue with WISAM 1, d/b/a Sheridan Liquors v. Illinois Liquor Control Commission, an unpublished decision from the Third District Appellate...more

Plaintiff May Not Use Social Security Disability Determination To Prove Disability In Personal Injury Case

A New Jersey Appellate Division Court holds that the plaintiffs were precluded from utilizing a Social Security Administration disability determination in a personal injury action. ...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more

The Admissibility of Opinions Contained in Public Records

The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more

Keys to Winning Your Case with Midland Funding- Understanding the Hearsay Rule

Being sued by Midland Funding – or any junk debt buyer for that matter – can be a scary experience. The big stack of documents dropped off by the process server look official and you may be thinking to yourself that there is...more

Jordan v. Binns: The Seventh Circuit Grapples With Multiple Levels of Hearsay

The Seventh Circuit has a gift for lawyers looking to brush up on the Federal Rules of Evidence. It comes wrapped as last week’s decision in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), where the court examined...more

Appellate Notes: Week of April 1, 2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

The CFTC and Department of Justice Are The Same Party For A Hearsay Rule, Says the Seventh Circuit

David Sklena and Edward Sarvey worked together in the futures pit of the Chicago Board of Trade. On April 2, 2004, between 7:31 and 7:38 in the morning, the government contends that the two men engaged in a conspiracy...more

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