Hearsay Evidence: Self-Serving Documents from Suspect Parties
from THE NEIL GARFIELD SHOW Hosted by Steven Gomez
The one BIG thing it is missing is that bank documents are hearsay and that certain documents kept in the ordinary course of business have credibility and therefore may be admitted as an exception. The point here is credibility --- if the documents come from a third party unrelated to the litigation and with no possible interest in the outcome then the authentication process is enough. But the closer you come to the proffered document being a self-serving piece of work produced solely for the purpose of litigation, the less the exception applies. In other words if the document is coming from a party to litigation it is immediately suspect, or should be. Much greater authentication is required when a party proffers a document that comes from the party itself. Visit us at: www.wordpress.lendinglies.com Donate today HERE.
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