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Posts tagged "Decedent statement accident insurer form hearsay business record residual exception"

R.I. Supreme Court Holds Business Records Exception Does Not Apply Unless Recordkeeper Testifies

The Rhode Island Supreme Court has held that the executor of the estate of a deceased plaintiff cannot introduce a written statement given by the decedent to her insurer without the testimony of the insurer's recordkeeper establishing the statement as its business record under Rule 803(6). The Court also rejected the argument that the statement was admissible under the so-called "residual" hearsay exception, Rule 803(24).