Legal Question in Civil Litigation in Florida

If a records custodian at a police department advises by email, and that email has her title and her place of employment, that a report was not on file, does this email qualify as an exception to the heresay rule?


Asked on 12/04/09, 5:38 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No, not unless the police are a party to the lawsuit.

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Answered on 12/09/09, 5:46 pm
Sarah Grosse Sarah Grosse, Esquire

Depends upon the context, I think. Could be used for impeachment purposes and "not for the truth of the matter asserted." Could be admission by a party opponent (if PD is a party opponent). Guess I would have to check the RULES OF EVIDENCE (Federal or Florida) to see if it might qualify as some other exception to hearsay rule. That's all I've got off the top of my head. (sorry, it's been a long day)

Here's a thought: why not just call the records clerk as a witness (in trial or depo, or get her affidavit) and ask her to testify of her own knowledge? That's not hearsay. (ha, I guess I may have a shred of brain matter left today)

Good luck.

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Answered on 12/09/09, 7:39 pm


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