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
answer is plain: the policy of the hearsay rule
is to exclude unreliable
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.
One exclusion from the hearsay rule
provides that a statement made
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.
DO ANY OF THE EXCEPTIONS TO THE HEARSAY RULE
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.