AVAILABILITY IMMATERIAL—COMMERCIAL PUBLICATIONS EXCEPTION (FRE 803(17))

Question 1

FRE 803(17) Hearsay Eceptions: Availability of Declarant Immaterial

Answer 1

803. Hearsay Exceptions; Availability of Declarant Immaterial
     The following are not excluded by the hearsay rule, even though the declarant is available as a witness:(17) Market Reports, commercial publications. Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.

Question 2

C. FRE 803 (17) Applicaiton of Rule

Answer 2

1. Exception reaches market quotations, tabulations, lists, directories, and other published compilations “generally used and relied upon”. by the publc or people in partucualr occupations.
2. The exception is narrowly drawn and does not reach treaties, research papers, ect.

Question 3

D. Rationale of FRE 803 (17)

Answer 3

1. Necessity- it would be impracticable, or even impossible to summon the people whose personal knowledge underlies these reports of declarant immaterial.

Question 4

E. How Does one establich a foundation for admission?

Answer 4

1. You dont need to establish using the testimony of the authors of the study that the report is genrally reliable
2. Rather, becasue you can establish reliance via hearsay and other non-approved measure becasue becasue it is a 104(a) question for the Judge!

Question 5

F . Case

Answer 5