N.J.R.E. 803(b)(4) allows statements by a "party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship." But what if the party's agent or employee is unidentified? Will a civil court admit that statement? N.J. courts have come down on both sides of that question, but there does appear to be a pattern both for and against admission.
When Is an Unidentified Declarant's Statement Admissible?
New Jersey Law Journal
March 6, 2013
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