We dropped a new video summary of an exception to the hearsay rule known as the rule about “Records that affect an interest in property.” It is found in Federal Rule of Evidence 803 (14). Please recall that ‘‘Hearsay’’ refers to a statement that is not made while testifying at the current trial or hearing and is offered into evidence to prove the truth of the matter asserted in the statement. A ‘‘statement’’ is what a person said or wrote but also includes nonverbal conduct, if the person intended the conduct as an assertion. The General Rule is that Hearsay statements are not admissible in court.
One exception to this rule says that Records that Affect an Interest in Property are not hearsay if certain elements are met.
Specifically, 803(14) exempts Records that purport to establish or affect an interest in property if:
(A) the record is admitted to prove the content of the original recorded document, along with its signing and its delivery by each person who purports to have signed it;
(B) the record is kept in a public office; and
(C) a statute authorizes recording of documents of that kind in that office.
Rule 803(14) relates to recitals or statements that are contained in deeds, leases, mortgages and other such 'documents affecting an interest in property.’
The Girards Law Firm helps the families of those severely injured or killed by the reckless conduct of others. Call 214-346-9529 for a free consultation.