Help with Plaintiff's Objection to MTS Affidavit

[2fightback]

Hi All:

I filed a motion to strike Plaintiff's generic affidavit citing all of the hearsay arguments. The affidavit, prepared by a partner of JDB #2, that assigns it to JDB #3 (their sister company) is notarized, but lacks the OC account number, my address, lacks my middle initial, and is one of those "fill-in-the-blank" forms that they use for every Chuck & Larry. Originally, they submitted everything showing that JDB #2 was really JDB #1, but they've now really messed things up and accidentally provided me with documents showing me otherwise (see my posts). As that is irrelevant right at this moment, I'm needing help with this matter.

In their objection, the Plaintiff's attorney stated they want the affidavit entered into evidence pursuant to Rules of Evidence 902(8) rather than Rule 803(6) as Defendant (me) argues.

They claim throughout that they are trying to prove chain of custody, etc., etc., and even go so far as to admit that it is true that the affiant was not present, nor had personal knowledge, of events occurring between Defendant and the OC. They then state for grounds of objection that affidavits in general are admissible under Rule 902(8).

I have a hearing on this motion tomorrow, so any ammo you can give me would be greatly appreciated! Below are the rules cited for easy reference:

Rule 803(6)

(6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

Rule 902(8):

(8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.

[2fightback]

bump...

[admin]

I'd leave it to the judge to decide - from your post, I don't see that the judge has ruled on it. I think you can still get this document thrown out.

Just stick to your guns.