Section 4.2 Hearsay Exception

• Library: Sources of Proof (2014 Ed.)

B. (§4.2) Hearsay Exception

Even though public records qualify as an exception to the hearsay rule, the public records exception does not make admissible any evidence that would be incompetent if offered in person. Penn v. Hartman, 525 S.W.2d 773, 778 (Mo. App. E.D. 1975); Ryan v. Campbell ‘66’ Express, Inc., 304 S.W.2d 825 (Mo. banc 1957). In this regard, the public records exception to the hearsay rule is similar to The Uniform Business Records as Evidence Law, §§ 490.660–490.690, RSMo 2000, which does not render admissible business record entries that would otherwise be inadmissible. Allen v. St. Louis Pub. Serv. Co., 285 S.W.2d 663, 666 (Mo. 1956); see alsoAsbridge v. Gen. Motors Corp., 797 S.W.2d 775, 779–80 (Mo. App. E.D. 1990).

In Rodriguez v. Suzuki Motor Corp., 996 S.W.2d 47 (Mo. banc 1999), the trial court refused to admit reports published by the NHTSA (National Highway Transportation Safety Administration). In this case, the plaintiff sued Suzuki for injuries she received in a rollover accident. Defendant Suzuki sought to admit into evidence several NHTSA reports, which contained the results of consumer safety group investigations that were published by various federal agencies. The NHTSA reports...