MBE Rules · Evidence
Public records exception
FRE 803(8)
The rule
Records or statements of a public office setting out (a) activities of the office, (b) matters observed pursuant to legal duty (EXCEPT police observations in criminal cases against the defendant), (c) factual findings from a legally authorized investigation in civil cases or against the government in criminal cases.
In plain English
Certain records from public offices can be used in court without needing a witness to confirm them, as long as they document official activities or findings from investigations, but police reports can't be used against someone in criminal cases.
Worked example
In a civil trial, a report from the health department about restaurant inspections is used to show a restaurant violated health codes. The report is admissible without needing the inspector to testify.
Memory hook
Public Papers, Private Police. Public records are in, except police reports against a defendant.
The trap
Students think: police reports always admissible. Wrong, because FRE 803(8) excludes them in criminal cases against a defendant. The actual test is whether it's a public record, not police observations.
How examiners test it
The MBE loves: police report in a criminal case. Trap: students assume it's admissible. Remember: police observations against a defendant are excluded under FRE 803(8).
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