Anyone involved in probate litigation in Delray Beach to Palm Beach Gardens wants to be able to get their proofadmitted into evidence. Ask any Boca Raton probate litigation law firm or any probate litigator in West Palm Beach and they will tell you that in will contests or trust cases, documents like medical records and financial statements are important. In trust cases, trust accountings under the Florida Trust Code are particularly important. So, here is a recent Palm Beach appeals case on the hearsay rule and the Florida business records exception.
Hearsay Under Florida Evidence Law
- Check out Florida statutes chapter 90 on Florida evidence
- Also, you can refer to the treatise on Florida Evidence by Professor Charles W. Ehrhardt, noted law professor at FSU
- Hearsay is generally inadmissible at trial and it is considered an out of court statement submitted for the truth of the matter
- Your probate litigator Palm Beach should know what is NON hearsay under Florida evidence law and what the EXCEPTIONS to the Florida hearsay rule are
- One important exception for will contests Palm Beach or for anyone involved in anestate lawsuit where you challenge the will Florida is the business records exception
Getting Medical Records & Financial Statements into Evidence at Your Probate Trial
- Check out the recent case of Holt v. Calchas, LLC, a November 5, 2014 case, not a probate case, whose opinion was just published by Palm Beach’s appeals court: the Florida’s 4th District Court of Appeal. It’s a case from Broward County, Florida.
- You can read the Palm Beach opinion on evidence and Florida hearsay online for free:http://4dca.org/opinions/Nov.%202014/11-05-14/4D13-2101.op.pdf
- Did your probate litigator Palm Beach Gardens provide the proper foundation to “get” the evidence admissible?
- Read Florida evidence statute 90.803(6)(a):
- Was the report made at or near the time by a person with knowledge?
- Was the report made at or near the time from information transmitted by a person with knowledge?
- Kept in the course of a regularly conducted business activity?
- Was it the regular practice of that business activiity to make such a report?
- Is the witness who is testifying at your inheritance lawsuit Delray Beach the custodian of the records or a qualified witness?
- The above questions are important ones which your probate litigation law firm West Palm Beach should be able to answer and analyze with your estate litigation trial strategy.