[WSBARP] Admitting sheriff's report to hearing

[Andrew Hay]

Hi Timothy

I remember that discussion to some extent.  I don't have copies of the email string, but the police reports are usually in the form of sworn declarations these days.  So what is reported is admissible except hearsay offered for the truth of the matter.

For statements of a party they can be non-hearsay under 801(d)(2).

Also possibly 803(a)(2) or (3) exceptions to hearsay.


Andrew Hay
Hay & Swann PLLC
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Timothy Lehr
Sent: Monday, August 24, 2020 2:11 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Admitting sheriff's report to hearing

All,

If I remember correctly, a discussion was had about including a sheriff or police officer's report as an exhibit to a complaint for unlawful detainer, where the report sets out statements from parties that go to one of the exceptions under the moratorium. I believe someone on this listserv had mentioned case law that supported the inclusion of the report under an exception to hearsay, possibly ER803.

If that rings a bell for anyone, I would greatly appreciate it if you could share that with me as I have a current case where that could be an issue.

Thank you,

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.

p:   360.855.0131
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w:  www.stileslaw.com<http://www.stileslaw.com>

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