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Michael J. HutterMichael J. Hutter ()

A frequent occurrence at trial is the offer into evidence of a document, e.g., an accident report, a medical record, a sales report, pursuant to New York’s business records hearsay exception, as codified in CPLR 4518(a), for the purpose of admitting into evidence an entry in the document consisting of information received by the maker of the record from another person which is deemed relevant in the action. In essence, the offering party is using the document to admit the information received from one who is a non-testifying witness. In these circumstances, the offer involves multiple out-of-court statements; one statement is the oral or written statement to the record-maker and the second is the record-maker’s written statement in the record describing what the person said.

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