1709

 

Yes, for two reasons.

1. It is an official record offered against the government, not against the defendant, so the criminal-case exception does not apply.

2. The examiner is an employee of the state doing his job, so the report is a statement of the opposing party made by an employee about his job.

Questions? Email tanford@indiana.ed and refer to 1709.

Part 4 -- would the report be admissible in a civil case? When you think you have the answer, click here.