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Showing results for tags 'rules of evidence'.
Received notice of intent to use 902 (11) evidence at trial. The mandatory notice included OC business records affidavit and "37" documents. The documents appear to be billing statements covering a 12 month period, including alleged last statement. The statements are certified to be true and accurate. The thing is...every monthly statement is obviously altered or edited. The actual text covers approximately 1/3 of the page. The font is super small (not quite fine) making it hard to evaluate. Each monthly cycle includes two pages 1 of 2 & 2 of 2, reflecting charges/credits, bala
In response to my Motion to Strike Plaintiff's Affidavit(which is the standard PRA affidavit), PRA is claiming the affidavit is admissible as evidence under AR rule of evidence 803(6) or (7). "Plaintiff has properly incorporated its predecessor in interest business records into its own business records. There is no prohibition against this practice. See Marshall Trucking Co. v. State, 23 Ark. App. 110 (1988)". Do I need to file a response to this, and if so, what argument do I use? I know this is not correct, and that you can't just use someone else's business records as your own, but I