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business record Tag

ProveMyFloridaCase.com > Posts tagged "business record"

Blueprint for Introducing Business Record to Satisfy Business Records Hearsay Exception

A recent opinion does a good job explaining how to establish a business record under the business records hearsay exception. In this case, there was an appeal dealing with an evidentiary hearing as to attorney’s fees. The appellant challenged the manner in which the appellee introduced attorney’s fees records claiming the appellee didn’t property satisfy the business records hearsay exception. Unfortunately for the appellant, the appellate court disagreed, finding that the appellee satisfied the business records hearsay exception with an affidavit. Take a look at this noteworthy discussion. If you want to introduce a business records, here is the blueprint: Hearsay refers...

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Hearsay within a Medical Record (Double Hearsay)

A medical record is admissible under the business record exception to the hearsay rule. Strong v. Underwood, 44 Fla. L. Weekly D1598c (Fla. 5thDCA 2019). What about a party's statement within a medical record (double hearsay - hearsay within hearsay)? Well, that hearsay statement may be admissible if another exception permits its admissibility. Once such exception that could apply is an admission by a party opponent. For instance, in Strong, a person driving a motorcycle collided with an SUV. The motorcyclist sued the driver of the SUV. ...

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