Admissions Against Party Opponent (Hearsay Exception) Does Not Need to be Based on Party’s Personal Knowledge

An admission against a party opponent is an important exception to the hearsay rule. I previously discussed this hearsay exception in detail because it is an exception that routinely applies in order to admit testimony / evidence at trial. Recently, the case of Jones v. Alayon, 2015 WL 1545005 (Fla. 4th DCA 2015) discussed the applicability of this exception. This case was a wrongful death action brought by the decedent’s daughter as personal representative of the estate stemming from an automobile accident caused by an off-duty police officer that originally fled the scene of the accident. The jury awarded the plaintiff...

20 February

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Admissions Against a Party Are Admissible Exceptions to the Hearsay Rule

Posted by David Adelstein

in Evidence

Previously, I discussed the business records exception to the hearsay rule (of inadmissible evidence). Another exception to the hearsay rule deals with admissions against party opponents. This is an important exception to the hearsay rule that will apply in civil disputes so that a witness can testify about a statement made by a representative / employee of an opposing party without this statement being deemed inadmissible hearsay. This hearsay exception in Florida Statute s. 90.803(18) states that the following statements (admissions) are admissible: (18) Admissions.--A statement that is offered against a party and is: (a) The party's own statement in either an individual or a...

08 February

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Importance of Laying the Appropriate Foundation for the Business Records Exception to the Hearsay Rule

Posted by David Adelstein

in Evidence

As you can tell from prior postings, I love the business records exception to the hearsay rule because of its importance in civil disputes, particularly business disputes. Without the business records exception, many business records that are needed to prove a claim or defense would be excluded as evidence under the hearsay rule. But, with the business records exception, these important records are admissible as long as a witness lays the appropriate foundation. The reason an appropriate foundation is required is to ensure the reliability or trustworthiness of the business records before deeming the records admissible evidence. The case of Bank...

18 January

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Application of the Business Records Exception to the Hearsay Rule

Posted by David Adelstein

in Appeal, Evidence, Standard of Review

Hearsay (an out-of-court statement offered at trial for the truth of the matter asserted) is inadmissible at trial. But, there are exceptions to this exclusionary hearsay rule to allow such evidence / testimony to be admissible at trial. Previously, I wrote about one exception known as the business records exception contained in Florida Statute s. 90.803. The business records exception is commonly relied on in business disputes in order to admit business records as evidence. What if there is an appeal concerning the admissibility of evidence introduced at trial under an exception to the hearsay rule? Standard of Appellate Review Whether evidence is...

11 January

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Expert Opinion Testimony and the Standard of Appellate Review

Posted by David Adelstein

in Appeal, Expert Testimony, Standard of Review

Previously, I discussed expert opinion testimony and the Daubert gatekeeping test employed by trial courts to determine the admissibility of the expert testimony. But, there is much more to expert opinion testimony. An expert witness is NOT allowed to serve as a conduit for inadmissible hearsay so that a party is using an expert witness to simply get in testimony/evidence that is otherwise inadmissible. Doctors Co. v. State, Dept. of Ins., 940 So.2d 466, 470 (Fla. 1st DCA 2006) (“The rule is well established that if an expert is called merely as a conduit to place inadmissible evidence before the jury, the trial...

15 December

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Introducing Business Records — An Exception To Hearsay

Posted by David Adelstein

in Evidence

Business records are oftentimes introduced during trial. But, just because the record is called a “business record” does not automatically mean the record is admissible during trial. The business record still needs to be properly introduced (the foundation for the record properly laid) at trial; otherwise, the record constitutes hearsay: an out-of-court statement (written or oral) introduced to prove the truth of the matter asserted in the out-of-court statement. Thus, a business record would constitute hearsay evidence since it would most likely be introduced at trial to prove the truth of the matter asserted in the record. Florida’s Evidence Code contains...