Remove Affidavits Remove Court Rules Remove Hearsay Rule
article thumbnail

California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

I've written about the rule and application of the business records exception here and here , and made a video explaining it here. Chambers objected to the above-affidavit, in particular objecting to the statement that "Synchrony's records show[ed] that. The trial court sustained Ms. [The Chambers failed to do so).

article thumbnail

Judicial Notice: Four Must-Know Rules

Evidence at Trial

Must-Know Rule #3: Beware of Trojan Horse Hearsay Similar to relevance, judicial notice is not an exception to the hearsay rule. 2009) wherein the district court judicially noticed several documents when doing its own research in a contract action. This is best illustrated in American Prairie Const. Hoich , 560 F.3d