Is a written report admissible under the hearsay rule?

California, United States of America


The following excerpt is from Downer v. Zolin, 34 Cal.App.4th 578, 40 Cal.Rptr.2d 288 (Cal. App. 1995):

"A writing is admissible under the official record exception to the hearsay rule if it was made (1) as a record of an act, condition, or event, (2) by and [34 Cal.App.4th 582] within the scope of a public employee's duty, (3) at or near the time of the act, condition, or event, and (4) the sources of information and method and time of preparation were such as to indicate its trustworthiness." (Arconti v. Zolin (1995) 33 Cal.App.4th 407, 409, 39 Cal.Rptr.2d 689, citation omitted.) While the report in Arconti was dated, it did not indicate when the tests were completed. Consequently, the license suspension was overturned because, among other things, there was no way to tell whether the report was made at or near the time of the reported event.

Other Questions


What is the trustworthiness of a written report under the hearsay rule? (California, United States of America)
In what circumstances will a defendant be found admissible under the hearsay rule under the state of mind exception to hearsay? (California, United States of America)
When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule? (California, United States of America)
What is the test for admissible hearsay under section 1230 of the hearsay rule? (California, United States of America)
Is a business record admissible as an exception to the hearsay rule? (California, United States of America)
Is a witness's testimony from an earlier proceeding admissible under the prior testimony exception to the hearsay rule? (California, United States of America)
What is the test for admissible statements under the hearsay rule? (California, United States of America)
What is the test for a hearsay exception to the hearsay rule? (California, United States of America)
Does a common law rule barring the admission of hearsay evidence in a civil case affect the reliability of evidence at trial? (California, United States of America)
Does a party's out-of-court statement qualify under the party admissions exception to the hearsay rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.