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Evidence Legal Topics Litigation Strategy Trial Strategy

Revisiting the Dying Declaration Exception

life and death; dying declarant must believe death is imminentThe “dying declaration” exception to the hearsay rule just jumped from law school textbooks onto California newspapers: A young woman who was stabbed and bleeding told officers about who had assaulted her shortly before she died, leading to the arrest of two suspects. It’s time to review what’s required to meet this hearsay exception.

Categories
Civil Litigation Evidence Legal Topics

How to Get Business Records into Evidence

101722256Need to get business records into evidence? There’s a hearsay exception for that! The business records exception to the hearsay rule makes it easier for businesses to provide records during litigation without undue disruption. Here’s how to use it.

Categories
Civil Litigation Evidence Legal Topics

CEB Question of the Month: Business Records as Evidence

Question: True or False? To get a business record admitted into evidence under the business-records exception to the hearsay rule, you must show that the person who made the record is “unavailable as a witness.”