- 21 - agency under rule 803(8) of the Federal Rules of Evidence. The cases respondent cites all involve written documents. See Yaich v. United States, 283 F.2d 613, 616 (9th Cir. 1960) (selective service file); Olender v. United States, 210 F.2d 795, 801-802 (9th Cir. 1954) (file containing affidavits, investigator reports, and bank reports); Wong Wing Foo v. McGrath, 196 F.2d 120, 123 (9th Cir. 1952) (transcript of an administrative hearing); Vanadium Corp. of Am. v. Fidelity & Deposit Co., 159 F.2d 105, 108-109 (2d Cir. 1947) (written interdepartmental communications). Contrary to respondent's position, Professor Wigmore concludes that a statement should be in writing to be admitted under the common law public records exception. Wigmore on Evidence, sec. 1633(5), at 623 (1974). We conclude that Hodges' and Hogue's oral testimony is not admissible under rule 803(8)(C) of the Federal Rules of Evidence. 3. Whether Hodges' and Hogue's Oral Testimony Is Admissible Under Rule 803(24) of the Federal Rules of Evidence, the Residual Exception to the Hearsay Rule a. Background Respondent contends that Hodges' and Hogue's testimony is admissible under rule 803(24) of the Federal Rules of Evidence,2 2 Fed. R. Evid. 803(24) provides an exception to the hearsay rule for: A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is (continued...)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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