Wednesday, September 3, 2014
Notice of Documents and Hearsay Exceptions
I tend to pick up random items of helpful litigation information from a variety of sources. Litigation is largely a battle of competing ideas. An attorney I am litigating a case against now developed some useful ideas on hearsay and documents that are hearsay exceptions. I did not have any objection to the documents he presented but it did give me some ideas. The idea is to provide notice in the ligation file of certain documents that will be offered as evidence subject to various hearsay exceptions (i.e. learned treatises, market reports, etc.). After that, a timely motion can be made to get a preliminary ruling on their admissibility after reasonable notice. This is a great idea which can prevent later objections that could not be cleared up at the spur of the moment in trial.