What is the test for admissibility of evidence under Rule 803(8)(C)?

MultiRegion, United States of America

The following excerpt is from Bridgeway Corp. v. Citibank, 201 F.3d 134 (2nd Cir. 1999):

In order to fit within the purview of Rule 803(8)(C), the evidence must (1) contain factual findings, and (2) be based upon an investigation made pursuant to legal authority. Once a party has shown that a set of factual findings satisfies the minimum requirements of Rule 803(8)(C), the admissibility of such factual findings is presumed. The burden to show "a lack of trustworthiness" then shifts to the party opposing admission. See Ariza v. City of New York, 139 F.3d 132, 134 (2d Cir. 1998).

Other Questions


Is evidence that describes the involvement of several travel agencies not named in the indictment admissible as evidence of the same crime? (MultiRegion, United States of America)
Is evidence of gang membership admissible under Federal Rule of Evidence 403? (MultiRegion, United States of America)
In assessing the evidence with respect to irreparable harm, does the court have to rely only on admissible evidence? (MultiRegion, United States of America)
Is there sufficient evidence to support a conviction under 18 U.S.C. c. section 924(c) of the Criminal Code for possession of a handgun? (MultiRegion, United States of America)
What is the relevancy and admissibility of evidence for abuse of evidence in a drug case? (MultiRegion, United States of America)
What is the test for sustaining a conviction for "use" of a firearm under 18.C. c. section 924(c)(1) of the Federal Criminal Code? (MultiRegion, United States of America)
How is the admission of evidence pursuant to Federal Rule of Evidence 404(b) reviewed? (MultiRegion, United States of America)
What is the test for admissibility of evidence in the context of evidence that is not logically tending to prove a point? (Canada (Federal), Canada)
What is the test for reliance on evidence filed in camera at an ex parte hearing to rule on the admissibility of the Rosenthal murder evidence? (MultiRegion, United States of America)
Does a claim in a pro se pleadings, motions and/or/opposition constitute evidence where the claim is based on personal knowledge of facts admissible in evidence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.