[CLC-Discussion] Corporate Representative - hearsay

Tue Aug 20 15:13:04 PDT 2013

Apologies; I thought that's why you were citing the rule about corporate representatives.

Sent from my iPhone

On Aug 20, 2013, at 6:00 PM, "Mahlon Barlow" <MBarlow at sbwlegal.com<mailto:MBarlow at sbwlegal.com>> wrote:

Thanks.   I have a situation in which the corporation is not a party.

Mahlon H. ("Tripp") Barlow
Sivyer Barlow & Watson, P.A.
401 East Jackson Street, Suite 2225 Tampa, Florida 33602
(813) 221-4242 - phone
(813) 227-8598 - fax  mbarlow at sbwlegal.com<mailto:mbarlow at sbwlegal.com>

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From: Reese J. Henderson, Jr. [mailto:Reese.Henderson at gray-robinson.com]
Sent: Tuesday, August 20, 2013 5:50 PM
To: Mahlon Barlow; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: RE: Corporate Representative - hearsay

See Fla. Stat. sec 90.803 (Hearsay exceptions), subsection (18), the following sub-subsections are all potentially applicable:

(18) ADMISSIONS.—A statement that is offered against a party and is:
(a) The party’s own statement in either an individual or a representative capacity;
(b) A statement of which the party has manifested an adoption or belief in its truth;
(c) A statement by a person specifically authorized by the party to make a statement concerning the subject;
(d) A statement by the party’s agent or servant concerning a matter within the scope of the agency or employment thereof, made during the existence of the relationship;

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Mahlon Barlow
Sent: Tuesday, August 20, 2013 5:34 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Corporate Representative - hearsay

Fla.R.Civ.Pro. 1.310 governing depositions provides that in the case of a corporate entity the person designated by the entity shall testify about matters “known or reasonably available to the organization.”    The corporation has a duty to produce a knowledgeable person.   In the case of matters involving a former employee of the organization, that could necessitate an inquiry of the former employee re historical matters so as to gain the necessary “institutional knowledge” to testify.

It occurs to me that inherent within this procedural process is the need to convey factual/historical information to a corporate representative so that rep can testify as to the information known or available to the organization (similar to conveying factual information to an expert).  I cannot find direction from a court as to the application of the hearsay rule in such circumstances.

Has anyone run into hearsay problems with respect to the designated representative inquiring of other employees/former employees?   If so, how was it resolved?   Thanks in advance.

P.S. – If this is a ridiculously stupid question then I am asking it on behalf of Neal Sivyer.

Mahlon H. ("Tripp") Barlow
Sivyer Barlow & Watson, P.A.
401 East Jackson Street, Suite 2225 Tampa, Florida 33602
(813) 221-4242 - phone
(813) 227-8598 - fax  mbarlow at sbwlegal.com<mailto:mbarlow at sbwlegal.com>

Unless otherwise indicated or obvious from the nature of the transmittal, the information contained in this message is attorney-client privileged and/or confidential information intended solely for the use of the addressee.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication or any of the information in it is strictly prohibited.  If you have received this communication in error, please advise the sender by reply e-mail and then delete the message.  Thank you

Reese J. Henderson, Jr.
Board Certified Construction Attorney
GrayRobinson, P.A.
50 North Laura Street, Suite 1100
Jacksonville, FL 32202
Main: 904-598-9929 | Fax: 904-598-9109
Email: reese.henderson at gray-robinson.com<mailto:reese.henderson at gray-robinson.com>
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