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see evidenceevidence,
in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials.
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2d DCA 2015), pays homage to the doctrine, but makes it clear that a foreclosing lender's mere reliance on a previous servicer's records, without more, is not sufficient to establish the predicate for the business records exception to the hearsay rule.
The documents submitted by plaintiff meet the business records exception to the hearsay rule.
The second exception to the hearsay rule to be addressed is known
Section 1235 admits inconsistent statements of witnesses because the dangers against which the hearsay rule is designed to protect are largely nonexistent.
Although three United States Circuit Courts of Appeals have rejected the comprehensive application of the hearsay rule to all digital data, (11) it is contended that well-established authority from the Second Circuit provides the constitutional basis for deeming all digital data as hearsay.
111) Five years later, in R v Mapara, (112) however, the Court apparently changed course by upholding unchanged the co-conspirators' exception to the hearsay rule, despite that exception's notorious capacity to admit highly unreliable evidence.
This article will explore the unique nature of the hearsay rule and its exceptions that have created chaos among the various federal and state jurisdictions.
The rationale for admitting admissions has a different basis than other exceptions to the hearsay rule.
The hearsay rule and the Confrontation Clause are said to embody overlapping principles that spring from similar concerns, although it is well established that the two are not coterminous.