[WSBARP] Litigators Please Advise

[Craig Blackmon]

ER 801(d)(2), as you suggest, renders the statements admissible.  I think
your real question is more practical in nature: How do I actually get
those statements into evidence?  I think you could simply attach them to
your declaration, noting they are true and correct copies of documents
previously filed with the court.  At that point they are in evidence for
purposes of an MSJ and can be considered by the court.  See CR 56(e) for
authority.

 

Good luck!

 

Craig

 

Craig Blackmon

Of Counsel Attorney at Law

 <http://lawhg.net/> Holmquist & Gardiner, PLLC

1000 2nd Avenue, Suite 1770 Seattle, WA  98104

Main: (206) 438-9083   Direct:   <tel:%28206%29%20694-4601> (206) 438-9295
Cell: (206) 369-5949   Fax:  <tel:%28206%29%20694-4601> (206) 694-4601

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, May 23, 2014 10:20 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators Please Advise

 

Hey Litigators, opposing party (“OP”) first brought a small claims court
and submitted documents and written statements to the small claims court.
That action was dismissed without prejudice and now the OP has sued my
client in district court.  I am preparing a motion for summary judgment
and I want to use those prior documents and written statements against the
OP  as an admission by a party-opponent.  I am searching but not finding
an evidence rule (if indeed it is a rule of evidence) allowing me to bring
in those prior statements and documents as a party admission in my motion
for summary judgment.  How do I do this?

 

 

 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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