Jan. 15 – EvidenceProf Blog
Professor Colin Miller authored blog post
The theory behind this public records exception to the rule against hearsay is “the assumption that a public official will perform his duty properly and the unlikelihood that he will remember details independently of the record.” What this makes clear is that the public records exception only covers statements made by public officials in public records, not statements made to public officials by non-public officials that are recorded in public records, as is made clear by the recent opinion of the United States District Court for the District of Puerto Rico in Echevarria v. Caribbean Aviation Maintenance Corp., 2012 WL 89839 (D.Puerto Rico 2012).
Read more: Puerto Rico Court Finds Pilot’s Statements Should be Excluded from Public Report