Also known as: matters observed while under a legal duty to report
Written by attorneys · grounded in primary & secondary sources — see below
A category of factual observations recorded in a public document when the recorder acts under a legal obligation imposed by statute or regulation to document the observed conditions. The category supplies one basis for admitting the record under the public records hearsay exception provided the opponent does not demonstrate untrustworthiness.
Eleanor sues Metro Stage after a stage collapse injures her at an outdoor concert. She offers the city fire marshal's report that noted blocked emergency exits and stressed support beams observed during a mandatory pre-event walkthrough required by local fire code. The report qualifies because the marshal recorded those conditions while performing an inspection duty imposed by ordinance. The court admits the document over Metro Stage's hearsay objection.
Summit Coastal sues Highland Coastal for cargo damage after a crane dropped a container during unloading. Summit offers the port authority employee's report describing the crane's hydraulic failure and heavy seas observed while the employee oversaw operations under a standing directive to document equipment incidents. The report qualifies because the employee recorded the malfunction and conditions while acting under port regulations requiring such documentation. The court admits the report after finding no showing of untrustworthiness.
Select any source to read its text and confirm it supports the definition.
The category covers only direct factual observations made by an official who is legally required to document those conditions. Evaluative conclusions or recommendations that go beyond the observed facts fall outside the category even if the underlying inspection was mandatory.
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The category is unavailable in criminal cases when the observation was made by law-enforcement personnel. In civil cases the limitation does not apply and the record remains admissible if the other requirements are met.
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Even when the record sets out matters observed under a legal duty the opponent may still exclude it by showing that the source of information or circumstances of preparation indicate a lack of trustworthiness. Post-incident editing by legal counsel or selective omission of facts can supply that showing.
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The duty to report need not arise from a routine schedule. An inspection triggered by a citizen complaint still qualifies if the inspector is acting under a standing legal obligation to record observed conditions during any authorized visit.
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