Governmental Documents

• Author: Ashley S. Lipson
• Pages: 283-316

21-1

Chapter 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

Is It Admissible? 21-2

§21.412 Foreign Public Documents

§21.413 Investigative Reports

§21.413(a) Internal Investigative Reports

§21.413(b) Investigator’s Interview Notes

§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

21-3 Governmental Documents §21.100

1 Gross v. King David Bistro, Inc., 84 F.Supp.2d 675 (D.Md. 2000). Admissibility of government reports under

official documents hearsay exception is assumed because of general reliability of public agencies in conducting

their investigations and absence of a motive other than informing the public; thus, the party opposing admission

bears burden of showing that report is unreliable. Lorillard Tobacco Co. v. Reilly, 84 F.Supp.2d 180 (D.Mass.

2000). Generally, government reports are admissible as government documents.

Heimert v. Heimert, 101 So.3d 181 (Miss.App., 2012). In a divorce action involving allegations of attempt-

ed rape and strangulation, even though police reports, if offered in evidence to prove the truth of the matter

asserted are hearsay (and the information within them may be based on hearsay), nevertheless, the reports may

be admissible under the hearsay exception for records, reports, statements, or data compilations of public

offices or agencies.

2 Larsen v. Decker, 995 P.2d 281 (Ariz.App. 2000). In action seeking damages for injuries sustained in auto

accident, trial court did not abuse its discretion by refusing to admit (under hearsay exception for public records

and reports) a Social Security Administration report finding that plaintiff was permanently disabled after sub-

ject accident; report was not sufficiently reliable. Plaintiff was apparently sole source of information provided

to Agency and no medical expert ever appeared or was cross-examined in Agency proceeding. Moreover,

even though generally opinions and conclusions are within scope of hearsay exception for public records and

reports, whether or not they are sufficiently reliable is for trial court’s discretion. Claussen v. State, Department

of Transportation, 750 So.2d 79 (Fla.App. 1999). Correspondence sent to Department of Transportation was

not admissible under public records exception to hearsay rule because it was based upon information supplied

by a source outside of that public agency.

3 Volkswagen of America, Inc. v. Gentry, 564 S.E.2d 733, 254 Ga.App. 888 (Ga.App., 2002). In a wrongful death

action against an automobile manufacturer, a letter written by the director of the National Highway Traffic

Safety Administration was inadmissible hearsay; the manufacturer failed to explain how or why the letter fell

into any exception covering documents from a legal investigation.

Robinson v. Avis Rent A Car System, Inc., 22 P.3d 818 (Wash.App., 2001). In action charging defendant Avis

with unfair and deceptive trade practices, report issued by National Association of Attorneys General was hear-

say and thus not admissible to show that specific conduct of defendant was unfair or deceptive.

Villanueva v. Zimmer, 431 N.J.Super. 301, 69 A.3d 131 (N.J.Super., 2013). A leading driver brought a personal

injury action against the trailing driver who rear-ended a truck and pushed it into the back of the leading driver’s

vehicle. A determination of the Social Security Administration (SSA) that the leading driver became disabled

under SSA rules on the date of the vehicular collision was not admissible under the public records exception to

the hearsay rule; moreover, a conclusion of a federal administrative law judge or the SSA itself that a person

was disabled is not an act performed by an official or an act, condition, or event observed by the official.

§21.100 Introduction

Our classification scheme for “governmen-

tal documents” includes any writing or docu-

ment created by, or for, some governmental entity,

whether federal, state or local. The witness

establishing the foundation for this type of evi-

dence will often be a law enforcement officer or

other public official. In addition to “governmen-

tal 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, and, also, it must have been gener-

ated by a person authorized or required to do so.3

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