- 11 - Respondent argues that the report is admissible under the following hearsay exceptions of the Federal Rules of Evidence: rule 803(6), Records of regularly conducted activity; rule 803(8), Public records and reports; and rule 803(15), Statements in documents affecting an interest in property. Petitioner argues that the report cannot be admitted under Fed. R. Evid. 803(15) because the report does not affect an interest in property. Under Fed. R. Evid. 803(15), there are three elements for its application: (1) The document must purport to establish or affect an interest in property; (2) the statement must be relevant to the purpose of the document; and (3) subsequent dealings with the property cannot be inconsistent with the truth of the statement or the purport of the document.7 The document affects an interest in property. The Court has held that statements, imprints, and notations of transfer tax 7 Fed. R. Evid. 803(15), provides: The following are not excluded by the hearsay rule, even though the declarant is available as a witness: (15) Statements in documents affecting an interest in property.--A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011