Accidents, natural disasters, and recurring harmful incidents nowadays beget government investigations, whether by federal, state or local officials or agencies. While the range and variety of such investigations can be staggering, they share a common ending, namely, a report setting forth opinions and conclusions that are the product of these officials’ expertise as applied to factual findings made during the investigations, concerning why that accident, disaster or incident occurred and recommending measures that may be undertaken to prevent such occurrences in the future.1 Such reports can be very relevant in litigation arising out of those occurrences. But are these government investigative reports admissible in civil cases in New York state courts as they obviously are hearsay when offered?
Unlike in civil actions in federal courts where such reports are potentially admissible under a specific exception to the hearsay rule, restyled Federal Rule of Evidence (FRE) 803(8)(A)(iii) (previously 803(8)(C)), which exception has been the subject of substantial judicial interpretation by the federal courts, including the Supreme Court in Beech Aircraft Corp. v. Rainey, 488 U.S. 153 (1988), their admissibility in New York state courts in the absence of a controlling decision by the Court of Appeals is unclear.2 This column will address the issue of their admissibility, and, drawing upon the sparse case law and prior commentary, suggest an approach for determining their admissibility in civil actions in New York state courts as against a hearsay objection.
Two Hearsay Exceptions
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
