Is evidence of a writing made as a record of an act, condition or event not inadmissible in a civil or criminal proceeding?

California, United States of America


The following excerpt is from People v. Joshua, G054730 (Cal. App. 2018):

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." The purpose of this hearsay exception is to eliminate the calling of each witness involved in the record's preparation and instead substitute the record of the transaction. (People v. Nelson (2012) 209 Cal.App.4th 698, 708.)

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