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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I HAVE A CIVIL TRIAL COMING UP AND NEED TO HAVE A POLICE REPORT

Customer Question

I HAVE A CIVIL TRIAL COMING UP AND NEED TO HAVE A POLICE REPORT INTRODUCED INTO EVIDENCE. IN ORDER TO HAVE THIS REPORT AUTHENICATED, SHOULD I SUBPOENA THE CUSTODIAN OF REPORDS OR THE OFFICER THAT WROTE THE REPORT?
Submitted: 7 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 7 months ago.
You should have both subpoenaed to the trial. In theory, the officer should be able to authenticate that this is his or her report, his or her signature on the report and should be able to testify to the facts of the report. However, sometimes, lawyers make a stink about this issue if the custodian of records is not also present to authenticate the document and the process of storage of the document. Of course, if you only have the custodian there, you have no one to verify the facts contained within the report. As such, as a matter of practice, and in an abundance of caution, I always subpoena both to the hearing. I call the officer first. If the document is allowed into evidence without issue, then I let the custodian go. If the lawyer makes a stink, I use the custodian and then call the officer back to the stand once the document is in the record. Let me know if you have any other questions. Please also rate my answer positively (three or more stars) so I can receive credit for my response. Best wishes going forward!
Expert:  Delta-Lawyer replied 7 months ago.
Did you have any other questions or comments. I want to make sure that you are as comfortable as possible moving forward. Thanks!