New GLF Summary: Vital Statistics Exception to the Hearsay Rule
We dropped a new video summary of an exception to the hearsay rule known as the rule about “Public Records of Vital Statistics.” It is found in Federal Rule of Evidence 803(9).
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 Public Records of Vital Statistics are not hearsay. Specifically, a record of a birth, death, or marriage, if reported to a public office in accordance with a legal duty, is not hearsay.
One Example is where, In a capital murder prosecution, information from the victim’s death certificate, otherwise hearsay, was admissible under Rule 803(9).
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