Section 16.27 Generally

• Library: Evidence 2017

1. (§16.27) Generally

The admission of official records to prove the matters asserted in them as an exception to the hearsay rule is founded on the notion that these records are trustworthy because the records are prepared by a person whose official duty it is to record these facts. State v. Blakeburn, 859 S.W.2d 170, 177 (Mo. App. W.D. 1993) (discussing the foundation for admission); Phillips v. Bd. of Adjustment of City of Bellefontaine Neighbors, 308 S.W.2d 765, 768 (Mo. App. E.D. 1958). Because the public records are “trustworthy,” the records are admissible regardless of availability of the declarant to testify at trial.

Many official records are statutorily determined to be admissible for the “truth of the statement” contained in the document. Before resorting to the common law for admission of official records, counsel should check to see if there is statutory authority for the admission of the document. Chapter 490, RSMo, for example, provides for the admission of a miscellany of official records running the gamut from laws of other states and the federal government to the enrollment of...