Also known as:legally authorised investigation · lawful investigation
Written by attorneys · grounded in primary & secondary sources — see below
An official inquiry undertaken by a public agency pursuant to statutory or regulatory authority. The inquiry yields factual findings that qualify for the public records hearsay exception when offered in a civil case or against the government in a criminal case, unless the opponent demonstrates that the source of information or other circumstances indicate a lack of trustworthiness.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Federal Rules
Hornbooks
How it applies
Common Examples
2
Vehicle Defect Report in Wrongful Death Suit
After multiple fatal crashes involving an SUV model, the Department of Justice launched a defect investigation under its statutory authority and issued a report detailing rollover tendencies and design flaws. Whitney, representing crash victims' families, sued Field Motors and offered the report at trial. Field Motors objected on hearsay grounds. The court admitted the report because it contained factual findings from a legally authorized investigation in a civil case.
Police Report in Criminal Prosecution
Federal agents investigating a shooting compiled a report that incorporated statements from a co-defendant about the sequence of events. Prosecutors offered the report against the defendant at trial. The court admitted the factual findings portion because the report resulted from a legally authorized investigation and was offered against the government in a criminal case, with no showing of untrustworthiness.
United States v. Slatten865 F.3d 767 (D.C. Cir. 2017)
Common questions
Frequently Asked
4
What qualifies an investigation as legally authorized under the public records exception?+
The investigation must be conducted by a public office pursuant to statutory or regulatory authority. Agency scientists sampling groundwater under a federal environmental statute or a transportation board reconstructing an accident under its enabling act both satisfy the requirement. The rule does not demand that the investigation reach conclusive results.
Supporting sources
May evaluative conclusions appear in a report from a legally authorized investigation?+
Yes. The exception expressly permits factual findings, including evaluative conclusions such as causation determinations, in civil cases. A report attributing a crash to illegal track crossing or linking contamination to a specific facility remains admissible unless the opponent shows untrustworthiness.
Supporting sources
When does an opponent successfully challenge trustworthiness of findings from a legally authorized investigation?+
The opponent must affirmatively show that the source of information or circumstances of preparation indicate a lack of trustworthiness. Explicit disclaimers labeling findings as preliminary, combined with post-incident legal review that alters conclusions, can meet this burden and result in exclusion.
Supporting sources
Does the public records exception require every interviewed witness to testify at trial?+
No. The exception allows admission of the agency's factual findings without calling every source who supplied information during the investigation. Requiring live testimony from all interviewees would defeat the purpose of the rule.
Supporting sources
EvidenceHearsay and circumstances of its admissibility · Public records and reportsUBEFoundational