Proving the Identity of the Declarant: Important

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Proving the Identity of the Declarant: Important

Postby Administrator » Tue Sep 30, 2014 12:37 am

Proving the Identity of the Declarant: Important


Moreover, contrary to the defendants' apparent suggestion, we do not think
that the fact that the declarants are not specifically identified is relevant for determining whether their statements fall within the Rule 803(3) hearsay exception. The defendants cite Philbin v. Trans Union Corp., 101 F.3d 957 (3d Cir.1996), for the proposition that a hearsay statement by an unidentified or unknown person "is not 'capable of being admissible at trial.' " Philbin, 101 F.3d at 961 n. 1 (quoting Petruzzi's, 998 F.2d at 1234 n. 9). Philbin is distinguishable, however. The plaintiff in that case relied on the statement of an unidentified official of the defendant as direct evidence of the defendant's allegedly unlawful motive in a Fair Credit Reporting Act suit. The declarant's identity was important to ensure that he or she was in fact an official of the defendant company whose statement would be admissible nonhearsay under Fed.R.Evid. 801(d). Identity was a critical element of admissibility
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