Legal Question in Civil Litigation in Maryland

Hearsay Clarification

I'm looking to clarify a point, if a Defendant makes a statement or writes a communication to a third-party and I, the Plaintiff, subpoena that third-party for a production of those records are they admissible in court under Rule 5-803 as an admission by the party opponent?

Thanks in advance


Asked on 4/14/04, 7:51 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Hearsay Clarification

Generally speaking, an admission of a party opponent is an exception to the hearsay rule and is admissible. However, you have to produce admissible evidence of the admission. If you have a signed statement by your opponent, you can admit that statement without a "sponsor". But if it's something contained in the business records of a third party recipient of the admission, you may will need to subpoena a custodian of the business records to come to court and "authenticate" the statement, unless your opponent concedes authenticity. This means producing someone who can testify that they are a custodian of the records and that the record was produced in the ordinary course of the company's business. If the judge finds sufficient reliability in the statement, it will be admitted.

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Answered on 4/15/04, 9:33 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Hearsay Clarification

Hearsay is an out of court statement being introduced to prove a fact during trial. Exceptions exist in the cited section of the Maryland Annotated Code. These exceptions are fact or context based. Your question does not provide enough detail. Hearsay and the exceptions are technical in nature. Notice to the adverse party may be required. Contact an attorney.

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Answered on 4/14/04, 10:42 pm


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