Proving the Identity of the Declarant: Important

Administrator
Site Admin
Posts: 11757
Joined: Tue Jul 26, 2005 4:15 am

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
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

Return to “Evidentiary Issues in FCRA Cases”

Who is online

Users browsing this forum: No registered users and 7 guests