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Fed. R. Evid. 803(8)

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Jensen v. EXC Inc. (9th Cir. 2023) 82 F.4th 835

Under Fed. R. Evid. 803(8), a public agency's investigatory report, such as a police department's accident report, is admissible despite the Hearsay Rule to the extent that it sets forth the investigating officer's observations and knowledge, but insofar as it records statements by accident witnesses, there is an additional hearsay layer requiring an additional exception to be admissible.  Rule 803(8)… Read More