Also known as: government record · governmental records · governmental record · public records · official records
Written by attorneys · grounded in primary & secondary sources — see below
A record or statement of a public office setting out the office's activities, a matter observed while under a legal duty to report, or factual findings from a legally authorized investigation. The exception to the hearsay rule for such records requires that the opponent not show the source of information or other circumstances indicate a lack of trustworthiness.
Glenn Gross paid off his home loan in full to Guardian Insurance. The lender executed a satisfaction document and recorded it in the county recorder's office. Glenn offered the county's official recorded entry as a government record to prove discharge in later litigation. The court examined whether the opponent could show lack of trustworthiness.
Gabriella Gomez sued a drug manufacturer after suffering cardiac events. She offered an FAA report compiling adverse event data collected under federal surveillance rules. The court considered whether the agency's factual findings from its authorized investigation met the requirements for admission despite the report's preliminary disclaimers.
Select any source to read its text and confirm it supports the definition.
Gulfstream Aviation paid off a senior mortgage on property owned by Glacier Energy after the original lender refused to release the lien. Gulfstream offered the county recorder's official filing of the assignment as a government record to prove priority. The court assessed whether the opponent could demonstrate that the source or circumstances indicated untrustworthiness.
Gavin Grant, a partner in a dissolved law firm, received a subpoena for the firm's financial ledgers. He offered the government-maintained partnership filing as a public record to establish firm activities. The court evaluated admissibility under the exception after the opponent failed to show lack of trustworthiness in the source.
Grace Gupta refused to produce her child under a court order arising from a neglect proceeding. The state agency offered its own placement-history records as government records to prove the custodial relationship. The court considered whether the opponent could show circumstances indicating lack of trustworthiness.
Guillermo Guzman, custodian of a corporation's files, was ordered to produce records in response to a grand jury subpoena. He offered the government corporate filing as a public record of authorized activities. The court examined admissibility once the opponent did not demonstrate untrustworthiness from the source or method of preparation.
The proponent must establish that the record sets out the office's activities, a matter observed under legal duty, or factual findings from an authorized investigation. The opponent then bears the burden of showing lack of trustworthiness from the source or circumstances of preparation.
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Not automatically. Explicit disclaimers or preliminary language do not necessarily defeat trustworthiness when the underlying data collection followed regular authorized procedures. The opponent must still demonstrate that the source or method indicates unreliability.
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Such editing can demonstrate lack of trustworthiness when it alters conclusions or omits facts after the agency becomes aware of potential litigation. Selective revisions made days after the event undermine the presumption of reliability that supports the exception.
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…its credit, the Court's analysis of "testimony" excludes at least some hearsay exceptions, such as business records and official records. See ante , at 56. To hold otherwise would require numerous additional witnesses without any apparent gain in the truth-seeking process. Likewise to the Court's credit is its implicit…