Governmental Documents

• Author: Ashley S. Lipson
• Pages: 271-304

21-1

C 21

Governmental Documents

§21.100 Introduction

§21.200 Basic Foundation for Governmental Documents

§21.300 Opposition Checklist

§21.400 Specific Documents

§21.401 Accident Reports

§21.401(a) Aircraft Accident Reports

§21.401(b) Automobile Accident Reports

§21.401(c) Consumer Products Accident Reports

§21.401(d) Environmental Reports

§21.401(e) Non-Existence of Accident Reports

§21.402 Automotive and Vehicular Records

§21.403 Autopsy Reports

§21.404 Birth Certificates

§21.404(a) Marriage Certificates

§21.405 Booklets

§21.406 Breathalyzer Maintenance Records

§21.407 Citations and Traffic Tickets

§21.408 Codes

§21.409 Death Certificates

§21.410 DNA Matching Test Results

§21.411 E-Mail

§21.412 Foreign Public Documents

§21.413 Investigative Reports

§21.413(a) Internal Investigative Reports

§21.413(b) Investigator’s Interview Notes

Is It Admissible? 21-2

§21.414 Lie Detector Results

§21.415 Maps

§21.416 Medical Reports and Findings

§21.417 MRI (Magnetic Resonance Imaging) Test Results

§21.418 Pamphlets

§21.419 Polygraph Test Results

§21.420 Reprimands

§21.421 Safety Standards and Codes

§21.422 Scientific Reports

§21.423 Thermographic Test Results

§21.424 Traffic Tickets

§21.425 Weather Reports

§21.426 Administrative Agency Reports and Orders

§21.427 Arrest and Incarceration Records

§21.428 Tax Assessments

§21.429 Summaries

§21.430 Foreign Official Documents

§21.431 Laboratory Reports

§21.432 Electronic Monitoring Device Records

§21.433 Mayoral Orders

§21.434 Warning Notices and Letters

§21.435 Court-Ordered Reports, Findings and Evaluations

§21.436 Public Statistics

§21.437 Official Stamps

§21.500 Disavowed Reports

21-3 Governmental Documents §21.200

§21.100 Introduction

Our classification scheme for “governmental

documents” includes any writing or document

created by, or for, some governmental entity, whether

federal, state or local. The witness establishing the

foundation for this type of evidence will often be a law

enforcement officer or other public official. In addition

to “governmental documents,” the writings are often

referred to as “public documents” or “public records.”

The writings covered by this chapter are among

the easiest to admit.1 Thus, the biggest danger, from

the proponent’s perspective, is that of laziness.

For, admissibility is by no means automatic.2 A

foundation must be established. And above all, the

proponent should remember that admissibility may

be limited or qualified as it is granted.

Remember, not every writing created by a

governmental agent or agency is admissible. For

a document to qualify as an official document so

as to be admissible, it must have been generated

pursuant to some law or statute requiring that it be

maintained,3 and, also, it must have been generated

by a person authorized or required to do so.4

There is no generic set of rules governing

notes, letters, summaries, statements, reports and

writings that might accompany or “stand in” for an

official document. One might, however, presume

that such writings would, be subject to the same or

similar standards as those considered throughout

the remainder of this chapter.5 Such writings may,

however, serve either to support or cast suspicion

upon the primary governmental document.6

The general strategy for the proponent will be

to “avoid a fuss.” Keep the foundation process so

simple and “matter of fact” that there is nothing to

attack. If a deficiency in the foundation is raised by

the enemy, then go back and fill in the missing bricks.

Rule 803(8) of the Federal Rules of Evidence,

employing the term “Public Records,” provides

as follows:

(8) Public Records. A record or statement

of a public office if:

(A) it sets out:

(i) the office’s activities;

(ii) a matter observed while under a legal

duty to report, but not including, in

a criminal case, a matter observed

by law-enforcement personnel; or

(iii) in a civil case or against the

government in a criminal case,

factual findings from a legally

authorized investigation; and

(B) neither the source of information nor

other circumstances indicate a lack of

trustworthiness.

REFERENCES

Admissibility of tape recording or transcript of

911 emergency call. 3 A.L.R. 5th 784.

Police reports, admissibility under Federal

Business Records Act (Fed. R. Evid. 803).

31 A.L.R. Fed. 457.

§21.200 Basic Foundation for

Governmental Documents

Q. (By Proponent’s Attorney) State your name

for the record.

A. (Witness) My name is Nick Trickson.

Q. State your title and occupation.

A. I’m a governmental employee; I work for the

National Graft Foundation. I’m a records clerk.

Q. (Tendering the writing to the witness)

I’ll show you plaintiff ’s Exhibit 1, which

purports to be 7 an “Annual Graft Report,”

and ask if you can identify it?

A. Yup. It’s one of our annuals all right; from 1990.

Q. As a records clerk, is it part of your normal

duties to keep and maintain such records?

A. Yes.

Q. Was plaintiff’s Exhibit 1 kept in the

ordinary course of business pursuant to the

rules and laws of your agency?

A. Yes.

Q. (Tendering the writing to opposing counsel,

who should be provided with a copy if

requested) I’ll ask that plaintiff ’s Exhibit

1, which I have just handed to opposing

counsel, be entered into evidence as an

official document.

COURT: Any objections?

OPPOSING COUNSEL: None.

COURT: Very well, I’ll receive plaintiff’s

Exhibit 1.

As suggested by the above testimony, it is

normally not required that the actual signer of the