Question

A armer has sued a neighbor for starting a fire that burned down the farmer’s barn. At trial, the farmer offers, under the public records exception, a properly authenticated copy of the fire marshal’s official report, which found that the neighbor started the fire. The report states that this conclusion is based on the fire marshal’s extensive training in fire investigation, on the fire marshal’s examination of the scene, and on interviews with numerous witnesses. The report quotes one witness as saying, "I saw [the neighbor] light the match that started the fire." The neighbor objects to the admission of the report. How should the court rule on the report’s admissibility?

(A)Admit the report containing the fire marshal’s conclusion as a public record but exclude the witness’s statement.
(B)Admit the report in its entirety as a public record.
(C)Exclude the report, because admitting it would deny the neighbor his right to confront witnesses against him.
(D)Exclude the report, because the fire marshal’s conclusion is based on multiple hearsay.

Answer 1

The court should admit the report in its entirety as a public record. It falls under the public records exception and is properly authenticated. It is not hearsay.

Step-by-step explanation:

The court should admit the report in its entirety as a public record. The public records exception allows the admission of official reports made by public officials in their official capacities. In this case, the fire marshal's report falls under this exception because it is an official report created by a government official.

The report is properly authenticated and contains the fire marshal's conclusion, which is based on the fire marshal's extensive training, examination of the scene, and interviews with witnesses. While the neighbor may argue that the report should be excluded because it denies their right to confront witnesses, the report itself is not hearsay. Hearsay is an out-of-court statement offered for the truth of the matter asserted, but the report is not being offered for the truth of the witness's statement, but rather as evidence of the fire marshal's conclusion.