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eLEX Publishers has been selected for the 2019 Best of Tallahassee Award in the Publisher category by the Tallahassee Award Program.

A proposed amendment to the Florida Evidence Code has been filed in the Florida Senate and House (SB 548: Electronic Legal Documents by Sen. Brandes; HB 409: Electronic Legal Documents by Rep. Perez).  We will continue to track it, as it works through the legislature:Electronic Legal Documents; Revising provisions relating to use of the office of notary public; authorizing online notarizations; specifying registration and qualification requirements for online notaries public; prescribing online notarization procedures; specifying the manner by which an online notary public must verify the identity of a principal or a witness, etc. 90.803 Hearsay exceptions; availability of declarant immaterial.—The provision of...

Photo (screenshot) of contact information page in cell phone address book is non-hearsay when offered from the limited purpose of linking parties together (Florida).

The docket sheet accompanying a judgment is admissible as a public record; it is a document maintained by the trial court clerk setting out the trial court’s activities. See Tex. R. Evid. 803(8)(A)(i). Fingerprint cards taken at time of booking are not testimonial, rather are "routine business matters".  See Tex. R. Evid. 803(8)(A)(ii).  Fingerprint cards are not of the inherently adversarial and potentially unreliable nature that would require its exclusion under rule 803(8)(A)(ii) and that the trial judge did not abuse his discretion by admitting it. Emich v. Texas, 2019 WL 311153 (Jan. 24, 2019).

Rules 5, 23, 62, and 65.1 of the Federal Rules of Civil Procedure were amended effective December 1, 2018.  The summaries of the rules are in our new 2019 Federal Rules of Civil Procedure Summary Trial Guide.   For your convenience, the text of the actual amendments is as follows:   PROPOSED AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURERule 5. Serving and Filing Pleadings and Other Papers* * * * *(b) Service: How Made.* * * * *(2) Service in General. A paper is served under this rule by:(A) handing it to the person;* * * * *(E) sending it...