MBE Rules · Evidence
Vital and Ceremonial Records
FRE 803(9), (12)
The rule
Public records of births, deaths, and marriages, and certificates of marriages or baptisms by authorized officiants, are hearsay exceptions.
In plain English
Vital and ceremonial records, such as birth and death certificates and marriage licenses, are considered reliable and are thus exceptions to the hearsay rule. This means they can be admitted as evidence in court without the need for the person who created them to testify.
Worked example
In a wrongful death case, the plaintiff submits the deceased's death certificate, which was issued by the state. The defense objects, claiming it's hearsay. The court admits the death certificate as a vital record, allowing it to be used as evidence.
Memory hook
Vital records are the key to unlocking hearsay exceptions!
The trap
Exams may present scenarios where students confuse vital records with other types of documents that do not qualify as hearsay exceptions. Watch for subtle distinctions in the types of records presented.
How examiners test it
Questions often involve a dispute over the admissibility of a birth or death certificate, testing your understanding of hearsay exceptions and the reliability of public records.
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