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tex. r. evid. 803(8)(A), texas evidence, texas rules of evidence - January 26, 2019

Texas Rules of Evidence - clerk's records and fingerprint cards admissible as public records

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).

2019 Amendments to the Federal Rules of Civil Procedure

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...

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lay opinion, opinion, voice identification - November 17, 2018

Lay witness with "special familiarity" may identify the voice of a defendant in trial (90.701)

Where a voice identification witness may acquire a special familiarity with the defendant's identity at any time prior to trial, that witness may then make that identification before a jury. F.S. 90.701.

Excited utterances and the Confrontation Clause in Florida (911 calls)

Statements in a 911 call can be admissible under the excited utterance hearsay and nonviolative of the Confrontation Clause; no so for the same statements made once officers arrive on scene.

Florida Supreme Court decides: Florida is (once again) a Frye state

Frye is back in Florida, rules Florida Supreme Court.