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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32318
Experience:  Began practicing law in 1992
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Say a person writes "refer to police report #xxxx" on their

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Say a person writes "refer to police report #xxxx" on their summons/citations for a civil hearing. This reference provides the court with the relevant evidence and information from the criminal case without the appiant having to write out pages and pages on the summons itself. So then at the hearing no direct mention is made as to items contained in that police report; however going in to the hearing much has been assumed and known already what with the Court having read the report itself. Now say testimony had been given in that police report but which of course was made to an officer, whose office does not equate such testimony to "in an official proceeding" status. This testimony would however then at the hearing be referenced in the summons by the words "refer to police report #xxxx". Upon this reference would these testimonies be granted the status of "in an official proceeding" even though they were originally made to an officer, not a judge?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Are you talking about for purposes of hearsay and an exception to the rule?

Customer:

I guess I should have explained the situation a bit better. This was a permanent restraining order hearing. The original temp. restraining order had been issued coincident with an arrest. The Plaintiff in her summons referenced the police report for this arrest. Without the police report she would have had only hearsay and so the report validated the hearing. At the hearing evidence from the police report was used but as if independently. The criminal case was eventually dismissed. In that police report were some false testimonies made to the police by the Plaintiff/alleged victim. False statements were made by the Plaintiff also at the hearing, some which contradicted the claims made to the police. Anyway in the state of Colorado the SOL for perjury is three years if in an official proceeding, and one year if not in an official proceeding. The statements made in the police report were not in an official proceeding however they would be referenced (albeit indirectly) at the hearing, which was an official proceeding. Would these misstatements to the police be upon this reference "in an official proceeding"?

JD 1992 :

I've never seen the issue raised before and a quick look didn;t show any case law on the topic.

JD 1992 :

Can you provide the exact language used when it referenced the police report?

Customer:

In the citation, the plaintiff wrote: "please refer to Police Report for criminal offense, hearing case #XXXXX" At the hearsay itself the Defendant's lawyer would notice that the police report in question hadn't actually been attached to the citation, only referenced in this manner.

JD 1992 :

In my opinion, I don't think that would meet the requirement.

JD 1992 :

If it has referenced the specific testimony that was false then it would, but the fact that it was a vague reference probably prevents it from meeting the statute.

Customer:

Okay. That makes sense. Thanks for your help.

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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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