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Hastings Business Law Journal

Authors

Erik C. Olson

Abstract

Federal Rule of Evidence 803(6) explicitly provides for the admissibility in the federal courts of business records containing opinions or diagnoses. Despite that, over the years, the courts have routinely excluded business records containing opinions and diagnoses for a variety of reasons. In 1979, for example, the Court of Claims fashioned a rule preventing the admission of expert appraisals unless the preparer of the appraisal were present to testify to his qualifications as an expert pursuant to Rules 702 and 705. Many courts continue to follow this rule. This note discusses and critiques that rationale for exclusion (and others), in light of more current jurisprudence concerning opinions, experts, and expert opinions.

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