California Superior Court Interrogatories-Cheat Sheet. objection reference guide Objections To Questions. | State of Illinois Office of the Illinois Courts, Comment amended January 6, 2015, eff. Discovery objections cheat sheet washington state.. See more posts like this on Tumblr #.m.list. The "ought in fairness" requirement allows admissibility of statements made under separate circumstances. This is THE ONE! Publication Frequency: `M, J A6ODP@FFS,h@p)[@d_205@|i+` eLEX Legal Publishers LLCJoe Bodiford, Publisher2019 Centre Pointe Blvd., Ste 102Tallahassee, FL 32308800-546-3539Joe@eLEXPublishers.comwww.eLEXPublishers.com, ULTIMATEEVIDENTIARYOBJECTION &EVIDENCE FOUNDATIONS GUIDE, The ULTIMATE Evidentiary Objection & Evidence Foundations Guide a valuable and dependable courtroom tool for theeverytrial lawyer. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including: (A) a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will; or. Currently, Illinois rules of evidence are dispersed throughout case law, statutes, and Illinois Supreme Court rules, requiring that they be researched and ascertained from a number of sources. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation, or by testimony in the form of an opinion. The key to asuccessful deposition is preparation. Any party who by pleading alleges any claim for bodily injury or disease, including mental health injury .. ([glmJ>-YIAwnnUvtVm]]y xivYU|_V[|S>o~{'-5Z Ws@>*_W r_mU0h`h T And in doing so, the court offered practitioners three important lessons. It looks like you're using Internet Explorer 11 or older. Rulings on Evidence. Checklist of common objections *By: F. Dennis Saylor IV and Daniel I. Objection, Your Honor. Keep answers simple and only answer the question that is asked. Please limit requests to 25 pages or less. It has long been the law that a trial judge cannot dismiss a case on his own, and these decisions follow that long-standing line of authority. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. Attacking and Supporting Credibility of Declarant. If you would ike to contact us via email please click here. Trial Objections Cheat Sheet Summary This table sets out the most common objections, as well as exceptions to those objections. Theres a ton to keep in mind when it comes to depositions, so heres our list of proper deposition objections. 1014 (1899), is relaxed in favor of 20 years without subject matter restriction. Typically, a witness should not be required to make a legal conclusion even in a deposition. Without them, the issue will probably be waived. Customer Reviews: Five-Star Enforcement and the Expanding Regulations. Calls for . Now, we also break down the objections as to what part of the trial you need to control: the substance of the testimony, the witness, or your opponent! Reminder: High-Earning Exempt Professionals Must Be Paid a "True Gold Dome Report Legislative Day 24 (2023). Rev. Such references and the reasons therefor are as follows: (1) Rule 404(a)(2): Character testimony of the alleged victim offered by the accused is specifically made subject to the limitations on character evidence contained in the rape shield statute, 725 ILCS 5/1157. Calls for improper opinion - MRE 602, 701, 702. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Former City of Atlanta Official Sentenced for Accepting Bribes, United States Department of Justice (DOJ), CBP Officers Seize More Than 540 Pounds of Narcotics, U.S. Customs and Border Protection Department of Homeland Security. Be the first to review. The Illinois Rules of Evidence is reproduced in its entirety in the last section of the book. Asked and answered. The following objections may be valid in a courtroom but they are not valid in a deposition. Reuter v. Stuckart, 181 Ill. 529, 54 N.E. The Chart covers objections to form, substantive testimony, witness qualifications, documents, things, and demonstrative evidence and provides a brief description of each objection. The statements can also be about another person concerning any of these facts, including death, if the declarant was related to the person by blood, adoption, or marriage or was so intimately associated with the persons family that the declarants information is likely to be accurate., The party against whom the statement is now offered has intentionally made the declarant unavailable with the intent to prevent the declarants testimony by wrongdoing., The Residual Exception Rule is the residual exception to the general prohibition against the admission of hearsay. A. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. On January 1, 2011, by order of the Illinois Supreme Court, the Illinois Rules of Evidence will govern proceedings in the courts of Illinois except as otherwise provided in Rule 1101. %%EOF Statement by a Party's Agent or Servant. (9) Records of Vital Statistics. The National Law Review is a free to use, no-log in database of legal and business articles. 101, relate in one form or another to the law of evidence. immediately, Amended October 15, 2015, eff. Introducing the most intelligent legal research service ever. The Basics of Californias Outside Salesperson Exemption. People v. Reddock, 13 Ill. App. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Case law has ruled out this exception in criminal law, because the witness should always be cross-examined in court., Testimony given as a witness at another hearing in the same or a different proceeding is admissible when the declarant is unavailable, provided the party against whom the testimony is now being offered had the opportunity to question or cross-examine the witness., A statement concerning the declarants own birth, adoption, marriage, divorce, legitimacy, or similar fact of personal family history is admissible hearsay when the declarant is unable to testify. USE OF DEPOSITIONS IN COURT PROCEEDINGS. Testimony or Written Admission of Party. Rule 1004 does not recognize degrees of secondary evidence previously recognized in Illinois. (11) Rule 806. PracticePanther helps lawyers get more done in less time. Statement in compliance with Texas Rules of Professional Conduct. In some situations, an objection may be proper but in other situations the same exception may not be proper. Updated annually. This reference tool fits easily into any notebook and features a triple presentation format (indexed, colored, and numbered) for easy use and rapid response. Many of the objections that apply in court do not apply in a deposition; however, some objections are acceptable in a deposition. This Checklist sets out the grounds and rationale for the most common objections, as well as responses and exceptions to those objections. Download it here: That brings us to the end of the STEP BY STEP list of objection handling techniques. January 1, 2013, Amended January 6, 2015, eff. To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with Rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry. With this cheat sheet, you can quickly object to an improper question or provide a response to an objection. This type of objection borders on a gray area. We currently offer a 10% discount on orders over $100. FlipLaw California Trial Objections allows you always to be in control at trial by providing you with quick guidance on when and how to object. J\j(|`(& h`!`H \]K ` $n (2) Rule 404(b): The bar to evidence of other crimes, wrongs, or acts to prove character to show conformity is made subject to the provisions of 725 ILCS 5/1157.3, dealing with enumerated sex-related offenses, along with 725 ILCS 5/1157.4 and 725 ILCS 5/11520, dealing with domestic violence and other enumerated offenses, all of which allow admissibility of other crimes, wrongs, or acts under certain circumstances. Examining Witness Concerning Prior Statement. Instead, objections are based on alerting the court that other rules of evidence have been violated. AVAILABILITY OF DECLARANT IMMATERIAL. Chapter 3 covers objections generally. In its responses, the defendant asserted boilerplate objections. .56'*4".'5" *+"3921 .+3>" +*5".8+? Residual exceptions to hearsay refer to statements that meet the following criteria:, 1. The statement has equivalent circumstantial guarantees of trustworthiness, 2. The statement is offered as evidence of a material fact, 3. The statement is more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts, 4. Admitting the statement will best service the purposes of these rules and the interests of justice. An objection for irrelevance is only acceptable if the question is clearly way off-topic. (8) Rule 803(14), (15), (19), (20) and (23). The content and links on www.NatLawReview.comare intended for general information purposes only. Harassment of the Witness If your witness is being attacked or harassed, you have the right to object regardless of whether you are in a hearing or in a deposition. (12) Rule 902(11). Objections It is the responsibility of the party opposing the evidence to prevent its admission by a timely and specific objection. R. Evid. The Committee sought to avoid in all instances affecting the validity of any existing statutes promulgated by the Illinois legislature. immediately, Adopted November 28, 2012, eff. Rule 801(d)(1)(A) codifies an Illinois statute (725 ILCS 5/11510.1) that applies only in criminal cases. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. PracticePantherbuilt tools for solo practitioners, mid-sized legal organizations and large law firms so they can successfully run their business, Every minute counts when running your own business. Your browser doesn't support HTML5 audio. The Illinois Rules of Evidence are not intended to preclude the Illinois legislature from acting in the future with respect to the law of evidence in a manner that will not be in conflict with the Illinois Rules of Evidence, as reflected in Rule 101. Dec 17, 2020 discovery objections cheat sheet illinois. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. Secondary Sources A Practical Guide to Federal Evidence: Objections, Responses, Rules, and Practice Commentary by Anthony J. Bocchino; David A. Sonenshein Call Number: KF 8935.B62 2009 ISBN: 9781601560995 Publication Date: 2009-05-01 Entertaining and educating business content. Prior Illinois law did not preclude admissibility of statements made in compromise negotiations unless stated hypothetically. In addition, it is no longer necessary to show that reasonable efforts were employed beyond available judicial process or procedure to obtain an original possessed by a third party. We have evidence tips for trial lawyers that will make sure nothing is overlooked or forgotten. ! Objections are organized topically. If the deponent cannot answer the question because it is too confusing to understand, an objection may be proper. endstream endobj 1 0 obj <> endobj 2 0 obj <>stream Rule 45 (d) (3) (A) (iii) provides that the court may quash or modify a subpoena if it "subjects a person to undue . Cost: Either $12.74 or $17.74, depending on your status as a member. copies may be used at trial. Practice Panther helps reduce busy work so you can build a thriving and profitable practice. A Chart setting out common objections counsel make in civil jury and bench trials under New York law. 318 0 obj <>stream The judge then decides whether the rule has been violated and whether the evidence must be excluded from the record of the trial. July 2018 . Statements in Ancient Documents. Rule 804(b)(3) makes applicable to the prosecution as well as the defense the requirement that in a criminal case a statement tending to expose the declarant to criminal liability is not admissible as a hearsay exception unless corroborating circumstances clearly indicate the trustworthiness of the statement. Interestingly, the North Carolina version of Rule 803(3) in the North Carolina Rules of Evidence is in substance the same as Rule 803(3), i.e., neither a requirement of "unavailability" nor "reasonable probability" is included. Introducing the most intelligent legal research service ever. Product ID: AK0345. From revenue and expense reports to everything in between we've got you covered. FlipLaw California Trial Objections (The Rutter Group). Do not guess or speculate. It is both disruptive and annoying to the fact-finder to listen to a multitude of objections during the course of questioning by the opposing side. This line of questioning is often used to obtain additional information that can lead to admissible evidence. In the absence of a properly made objection, however, the judge will probably admit the evidence. On November 24, 2008, the Illinois Supreme Court created the Special Supreme Court Committee on Illinois Evidence (Committee) and charged it with codifying the . Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? Responding to Written Discovery from Plaintiff Employees . The following are examples of such objections: a) hearsay b) relevance c) opinion d) lacks foundation 5. $20.00 Buy Now Cross Examination Witness Worksheets A digital PDF download, based on Joe Bodiford's book, Cross Examination in a Nutshell. Form of the question objections are mostly based on California Evidence Code section 765 and Federal Rule of Evidence 611 (a). As this Florida Trial Objections Cheat Sheet , it ends occurring subconscious one of the favored book Florida Trial Objections Cheat Sheet collections that we have. This complete reference guide to Illinois evidence travels easily to the courtroom or classroom. Title: Trial Objections Cheat Sheet Pdf (2022) - filemaker.journalism.cuny.edu Created Date: 2/24/2023 10:02:44 PM . The rulings of the trial judge are final. 2. Assumes a fact not in evidence - MRE 103(c) and 611(a). 3 > ! Beyond the scope of direct - MRE 611(b). Form of the Question Objections If you do not make this objection during the deposition, it is considered waived. Wisconsin Trial Objections: Referral Card. Trial practice requires that the most frequently used rules of evidence be readily accessible, preferably in an authoritative form. Rule 801(d)(1)(B) also codifies an Illinois statute (725 ILCS 5/11512). Because a deposition is sworn testimony, it can be used to prove perjury if a witness tries to change his or her testimony at trial. The following memo contains trial objections that may be raised during trial in California. v. Hillmon, 145 U.S. 285 (1892), issue as to whether a statement of an out of court declarant expressing her intent to perform a future act was admissible as evidence to prove the doing of the intended act. However, this is not the case in a deposition. eLEXbreaks down the fundamentals of authenticating evidence with twist on the old BARPH mnemonic (remember that from law school?). 1 Plaintiff objects to each discovery request to the extent that it would require disclosure of information that is protected by the attorney-client privilege, the work-product doctrine, or any . The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Say I dont know if you truly do not know. The burden is on the mock trial team to know the Rules of Evidence and to be able A simple answer in a deposition can lead to powerful evidence that can change the course of the case. Thank you! This Checklist sets out the grounds and rationale for the most common objections, as well as responses and exceptions to those objections. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. Rule 106 permits the admission contemporaneously of any other part of a writing or recording or any other writing or recording which "ought in fairness" be considered at the same time. Small )May 31, 2018 As a practical matter, of course, most objections have to be made at high speed in the heat of battle, with little or no time for reflection. Several important rules and. Nippon Sheet Glass Co., Ltd. 5-27, Mita 3-chome, Minato-ku, Tokyo 108-6321 Japan. All objections that are automatically preserved until trial should not be made during the course of a deposition. This rule covers other statements not classified by the previous exceptions mentioned above. endstream endobj 307 0 obj <> endobj 308 0 obj <> endobj 309 0 obj <>stream Failure to do so may also result in waiver. ! The initial reference in Illinois to "unavailability" and "reasonable probability" occurred in Florida Statutes Section 90.104, DeLuca v. State, 384 So.2d 212 (Fla. 4th DCA 1980), rev. An attorney should object to any question that calls for speculation. the Illinois Supreme Court to uphold the trial court's decision to dismiss the juror for cause. later acquired information bearing on all answers previously made by any party twice prior to the initial setting of a trial date, and once after the initial setting of a trial date. Related Content. Sample Objections: The witness has lapsed into a narrative. endstream endobj 310 0 obj <>stream Rule 806 dispenses with the requirement of an opportunity to deny or explain an inconsistent statement or conduct of an out-of-court declarant under all circumstances when a hearsay statement is involved. Please update to the latest version, or use a different browser for the best experience. Rule 801(d)(2) provides substantive admissibility, as "not hearsay," for admissions of a party-opponent. From "argumentative" to "repetitious" and from "hearsay" to . March 2, . This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. 5.02 OBJECTIONS If you go into any courtroom and watch a trial in progress, you probably will be struck by a disconcerting observation most trial lawyers seem to make and handle objections poorly. Compromise and Offers to Compromise. Though interrogatories are used less frequently than depositions,. A deposition takes place during the discovery phase when one party interviews a witness under oath to gather information before trial. In the absence of a properly made objection, however, the judge will probably allow the evidence. Reference is, however, made in the body of the text of the Illinois Rules of Evidence to certain statutes by citation or verbatim incorporation. Directly to the right of the available objections are the supporting authorities. outline discusses some of the Evidence Rules, cases and trial objections that you should familiarize yourself with before starting trial. Asked and answered objections are proper in a trial and in a deposition. US Executive Branch Update February 27, 2023. First, remember to make objections and offers of proof. (6) Rule 803(4)(B): 725 ILCS 5/11513, dealing with statements by the victim to medical personnel in sexual abuse prosecutions, is included verbatim in recognition that the statute admits statements to examining physicians while the generally applicable provisions of Rule 803(4)(A) do not. (14) Rule 1007. One-on-one Trial Advocacy coaching sessions, Federal Rules of Evidence Summary Trial Guide, Federal Rules of Civil Procedure Summary Trial Guide, Federal Rules of Criminal Procedure Summary Trial Guide, Demonstrative Evidence (with an explanation of the difference between demonstrative evidence and demonstrative (visual) aids. This Week in 340B: February 21 27, 2023. PracticePanther's legal practice management software helps you keep track of every case, payment, document, and client detail with customizable Tags and robust Reporting features. Instead the court required that counsel submit all written . Bryan v. Smith, 3 Ill. 47 (1839). Even though the same rules do not apply to depositions as to testimony given during a hearing or during a trial, attorneys can and do object to some questions during a deposition. Will the U.S. Supreme Court Make Marijuana Legal? Bar Download File PDF Objections Trial Cheat Sheet Objections. May 11, 2020 Forrest14 Civ. The allowable objections are found in this case packet. Privilege objections apply to any form of privilege such as physician-patient and attorney-client. Form of responses and objections . 4-pages, folder-style, printed on heavy-duty specialty paper, 3-hole punched for your trial notebook, and in two colors for ease of use. The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. #@ "55'9"5!+'6 ".5.66 National Law Review, Volume XI, Number 54, Public Services, Infrastructure, Transportation. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Ambiguous, confusing or unintelligible - MRE 611(a). The question calls for a narrative. #$<=2>#?? 311 0 obj <>/Filter/FlateDecode/ID[]/Index[306 13]/Info 305 0 R/Length 48/Prev 168807/Root 307 0 R/Size 319/Type/XRef/W[1 2 1]>>stream Many lawyers make drawn out and poorly worded objections. We make it easier and faster to practice law. immediately, Anticipated Filing Dates and Opinions List, Petition for Leave to Appeal Dispositions, Plead and Pay Traffic / Conservation Tickets (e-Guilty), Illinois Circuit Court Statistical Reports, Probation Eligible Employment Application, Illinois Rules of Professional Conduct of 2010, Illinois Code of Judicial Conduct of 2023, re:SearchIL (Statewide Document Repository), Volunteer Pro Bono Program for Criminal Appeals, Annual Certification of Private Insurance Coverage, Judicial Request for Removal of Personal Information, Unlawful Use of a Weapon Sentencing Form (SPAC), Judicial Branch Application for Employment, Representation by Law Students / Graduates (Rule 711), Circuit Civil, Criminal and Traffic Assessment Reports, Illinois Judicial Branch Strategic Agenda, 2016 Statutory Court Fee Task Force Report, 2023 Statutory Court Fee Task Force Report, Results of 2015 Circuit Court User Survey, Access to Justice Commission's Strategic Plan, Mental Health and Justice in Cook County Bond Courts, Pretrial Practices Data Oversight Board Preliminary Report, Judicial Management Information Services Division (IT), Remainder of or Related Writings or Recorded Statements, Presumptions in General in Civil Actions and Proceedings, Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible, Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time, Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes, Inadmissibility of Pleas, Plea Discussions, and Related Statements, Prior Sexual Activity or Reputation as Evidence, Evidence of Other Offenses in Criminal Cases, Attorney-Client Privilege and Work Product; Limitations on Waiver, Evidence of Character of Witness for Truthfulness or Untruthfulness, Impeachment by Evidence of Conviction of Crime, Mode and Order of Interrogation and Presentation, Calling and Interrogation of Witnesses by Court, Disclosure of Facts or Data Underlying Expert Opinion, Hearsay Exceptions; Availability of Declarant Immaterial, Hearsay Exceptions; Declarant Unavailable, Attacking and Supporting Credibility of Declarant, Requirement of Authentication or Identification, Subscribing Witness' Testimony Unnecessary, Admissibility of Other Evidence of Contents, Statutory Court Fees Task Force Public Hearings, Appellate Court Policies on Access for Persons with Disabilities, Appellate Court Total Caseload Statistics. 4. With respect to records of or statements in documents affecting an interest in property, reputation concerning personal or family history, and concerning boundaries or general history, and judgments as to personal, family or general history or boundaries, Illinois law in each area was sparse or nonexistent. A brief but pointed discussion of the applicable evidence law, A reference to the relevant rule of evidence, Citations, when possible, to cases that illustrate the application of the objection. The Committee identified, and the Illinois Supreme Court approved, recommendations in only two areas: (a) Opinion testimony is added to reputation testimony as a method of proof in Rule 405, when character evidence is admissible, and in Rule 608 with respect to character for truthfulness: (a) Reputation or Opinion. Trial Objections Cheat Sheet. About the author: The Pocket Guide to Common Trial Objections & Evidentiary Foundations (6" x 9") was designed to be brought to court and be at your side in the oce. The guide is designed as a "cheat sheet" you can add to your trial notebook or bring to hearings and depositions. by Practical Law Litigation. No reference has been made to the fact that the two requirements were initially adopted solely to deal with the Mutual Life Ins. Do Issuers Fail To File Form Ds Because They Fear Trolls? (5) Rule 801(d)(1): The provisions of 725 ILCS 5/11510.1, dealing with prior inconsistent statements in a criminal case, are incorporated nearly verbatim in Rule 801(d)(1)(A) in the interests of completeness and convenience. Thank you! (2) In criminal homicide or battery cases when the accused raises the theory of self-defense and there is conflicting evidence as to whether the alleged victim was the aggressor, proof may also be made of specific instances of the alleged victim's prior violent conduct. if the responding party states an objection on the ground that the limit has been . This chart does not constitute or substitute for legal advice. **Note, the . den. It makes admissible as "not hearsay" (rather than as a hearsay exception) a prior inconsistent statement of a declarant who testifies at a trial or a hearing and is subject to cross-examination, when the prior inconsistent statement was given under oath at a trial, hearing, or other proceeding, or in a deposition, or under other specified circumstances. If you are taking the deposition, review all evidence and material related to the case to draft a set of questions and follow-up questions. Common objections based on the evidence being argumentative, irrelevant, speculative, hearsay, insufficient foundation and calling for a narrative are also addressed. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness, but not including in criminal cases medical records. Whether Illinois law had already dispensed with the requirement with respect to a deposition was unclear. Self-authentication of business records is provided by Rule 902(11), following the model of Fed. Subject Of Question: a. :] EEOC 123-45-6789X Ive Ben Wronged, ] ] Complainant, ] ] vs. ] ] AGENCY #1-H-234-4567-89 Secretary, Department of the Navy, ] OFO Appeal #01234567 . The best part of the ULTIMATE are the procedures for handling evidence and getting it admitted without a hitch. Each objection includes: Small enough to fit in a briefcase, this title is designed for courtroom use and also includes the entire text of the California Evidence Code. Gain custom business insights with Tags and Reporting. Recent FTC Enforcement Action Merits Cyber Insurance Coverage Review, Two Ways to Redefine & Achieve CRM Success. Please update to the latest version, or use a different browser for the best experience. The authors make the objections easy to find by listing them alphabetically. For example: Volume 2, Chapter 5, Pages 7, 12-19. The ability to quickly object to an improper question, or respond to an, objection, is an important skill. Maintained New York. This item is not available as a downloadable PDF at this time. The Committee The Illinois Rules of Evidence in Rule 803(6), records of regularly conducted activity (i.e., business records), and in Rule 803(8), public records and reports, while retaining the exclusions described above, removes the difference between civil and criminal business and public records in favor of the traditional and otherwise uniformly accepted division between business records, Rule 803(6), and public records and reports, Rule 803(8), both applicable in civil and criminal cases.
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