Is an official records exception to the hearsay rule?

California, United States of America


The following excerpt is from People v. Higgins, F065359 (Cal. App. 2014):

Further, the official records exception to the hearsay rule, embodied in Evidence Code section 1280, provides: "Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal proceeding to prove the act, condition, or event if all of the following applies: [] (a) The writing was made by and within the scope of duty of a public employee. [] (b) The writing was made at or near the time of the act, condition, or event. [] (c) The sources of information and method and time of preparation were such as to indicate its trustworthiness." (See People v. Martinez (2000) 22 Cal.4th 106, 119-120.) "A trial court has broad discretion in determining whether a party has established these foundational requirements. [Citation.]" (Id. at p. 120.) A reviewing court may overturn the trial court's exercise of discretion "'"only upon a clear showing of abuse."' [Citations.]" (Ibid.)

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