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Lucy, Esq.
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Appeal question - hearsay exception

Resolved Question:

What is the validity of going against the decision of the judge to reject as evidence a letter of the adjuster (LLC) to the insurance company based on lack of testimony, but stating thta this is a company;s document.. "course of business etc...". I need to collect some more info and will post it here, if it's not clear.

I am talking here about the deference rules of the appelate court and so the need to come up with something really well documented.

Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

If the reason that the evidence was refused was lack of foundation, that is within the judge's discretion. To lay a foundation for a letter from the insurance company, usually someone from the company would have to testify. Alternatively, there would have to be some reason for introducing the letter other than to prove that what the letter says is true.

For example, say A gets a letter that A's wife is cheating on him with X. A kills X. It turns out that A's wife was not cheating with X at all. At trial, that letter would be admissible NOT to prove that A's wife was having an affair, but to show A's state of mind and provide a motive for committing murder. Does that make sense?
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19673
Experience: Lawyer
Lucy, Esq. and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

but to show A's state of mind and provide a motive for committing murder. Does that make sense?


It does.

However:


1. is there not an exception when my request is to introduce record, document, etc.. maintained by a comapny in their ordinary course of business. This document is from the Company of the adjuster, and is part of the business they handled on that claim.

2. Is your exception above applicable when my intention was to demonstrate that the palintiff was illegally claiming for a double recovery , his state of mind - ( I did not use that term at the hearing, I just pointed out with that letter the situation in which plaintiff was illegally claiming to both the insurance and the renter if his allegation that i was a renter was valid.

One document was admitted as evidence, showing the loss of rent, but the term is abbreviated and even though in my proposed final judgment I have detailed this aspect, the judge has totally ignored thta document. We can detail this later.

Therefore the judge validated a fraud by not listening to my testimony ( the document thta was admitted as evidence, but not clearly mentioning loss of rents, and showing the breakdown of the claim release) In addition, the objection of Plaintiff's lawyer is questionable, because it tends to hide the facts originating a fraud,

What do you think ?




Expert:  Lucy, Esq. replied 1 year ago.
1. That's an exception to the hearsay rule. But business records are not self-authenticating. There still has to be someone who can come in and testify that these records are kept in the ordinary course of business, and that the letter is a true and accurate copy of what is in the insurance company's files.

2. Take a look at my other answer - evidence of insurance is usually not admissible. But, that's still trying to prove what the letter says - that he got the money. I'm not sure that the judge abused his discretion by denying the letter as state of mind evidence. If you were trying to prove that the plaintiff thought he had the money, and whether he actually had it was not relevant, maybe.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19673
Experience: Lawyer
Lucy, Esq. and 17 other Legal Specialists are ready to help you

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