Hearsay and circumstances of its admissibility - Public records and reports

Learning Outcomes

After reading this article, you will be able to identify when public records and reports are admissible as exceptions to the hearsay rule, distinguish the types of records covered, and apply the requirements for admissibility on the MBE. You will also recognize common pitfalls and be able to answer MBE-style questions involving public records and reports.

MBE Syllabus

For MBE, you are required to understand the hearsay rule and its exceptions, including those for public records and official reports. This article focuses your revision on:

  • The definition and scope of the public records and reports hearsay exception.
  • The requirements for admissibility of public records and reports.
  • The limitations and exclusions for criminal cases.
  • The distinction between public records, business records, and police reports.
  • The relationship between public records and the Confrontation Clause.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is generally admissible under the public records exception to hearsay?
    1. A police report of an officer’s observations in a criminal case offered by the prosecution.
    2. A certified copy of a city’s building inspection report in a civil negligence case.
    3. A statement of a bystander recorded in a police report.
    4. A business’s internal audit prepared for litigation.
  2. In a criminal case, which type of public record is most likely to be excluded under the hearsay exception for public records?
    1. Records of routine administrative activities.
    2. Records of factual findings from a government investigation offered by the prosecution.
    3. Records of the defendant’s prior convictions.
    4. Records of the time a prisoner was released.
  3. Which requirement must be met for a public record to be admissible under the hearsay exception?
    1. The record must be made by a private business.
    2. The record must be prepared in anticipation of litigation.
    3. The record must be made by a public office as part of its regularly conducted activities.
    4. The record must be based on statements from any source, regardless of duty.

Introduction

Hearsay is generally inadmissible unless an exception applies. One important exception is for public records and reports. Understanding when and how public records and reports are admissible is essential for MBE success, especially since these records often arise in both civil and criminal cases.

Key Term: Hearsay An out-of-court statement offered to prove the truth of the matter asserted.

Types of Public Records and Reports

The public records and reports exception allows certain records or reports of public offices to be admitted for their truth, even though they are hearsay. This exception is found in Federal Rule of Evidence 803(8).

Key Term: Public Records Exception A hearsay exception permitting records, reports, or data compilations of public offices to be admitted if they set out activities, observations, or factual findings, subject to limitations.

What Qualifies as a Public Record?

To be admissible under the public records exception, the record must be:

  • A record, report, statement, or data compilation.
  • Made by a public office or agency.
  • Set out one of the following:
    • The office’s own activities (e.g., payroll, licenses issued).
    • Observations made under a legal duty to report (not including observations by law enforcement in criminal cases offered against the accused).
    • Factual findings from a legally authorized investigation (in civil cases or against the government in criminal cases).

Key Term: Factual Findings Conclusions or determinations made by a public agency as a result of an official investigation, often admissible in civil cases.

Requirements for Admissibility

For a public record to be admissible under the exception:

  • The record must be made by a public office as part of its regularly conducted activities.
  • The record must be based on the personal knowledge or duty of the public official.
  • The record must be trustworthy. The court may exclude the record if the source or circumstances indicate a lack of trustworthiness.

Key Term: Trustworthiness (Public Records) The requirement that a public record be excluded if the source of information or method of preparation suggests unreliability.

Limitations in Criminal Cases

There are important restrictions on the use of public records in criminal cases:

  • Observations by law enforcement personnel (e.g., police reports of what officers saw at a crime scene) are not admissible against the defendant under the public records exception.
  • Factual findings from government investigations are not admissible against the accused in criminal cases, but may be admissible against the government (e.g., when offered by the defense).
  • Routine administrative records (e.g., jail logs, booking information) are generally admissible.

Key Term: Law Enforcement Exclusion The rule that records of law enforcement observations are inadmissible against the accused in criminal cases under the public records exception.

Key Term: Confrontation Clause The Sixth Amendment right of a criminal defendant to confront and cross-examine witnesses against them; may limit the admissibility of testimonial public records in criminal trials.

Distinguishing Public Records from Other Exceptions

  • Business Records Exception: Covers records of regularly conducted business activity, whether public or private. Public records may also qualify as business records if the requirements are met.
  • Police Reports: In civil cases, police reports may be admissible as public records or business records. In criminal cases, police reports are generally inadmissible against the accused under the public records exception.

Worked Example 1.1

A city health department investigates a restaurant after a food poisoning outbreak. The department prepares a report detailing its inspection, including factual findings about unsanitary conditions. In a civil suit by a customer against the restaurant, can the report be admitted for its truth?

Answer: Yes. The report sets out factual findings from a legally authorized investigation by a public agency and is admissible under the public records exception in a civil case, provided it appears trustworthy.

Worked Example 1.2

In a criminal prosecution for assault, the prosecution offers a police report containing the officer’s observations at the scene. Is the report admissible under the public records exception?

Answer: No. The public records exception excludes police reports of law enforcement observations when offered by the prosecution against the accused in a criminal case.

Exam Warning

Police reports and investigative findings are often inadmissible against the accused in criminal cases, even if they would be admissible in civil cases. Do not confuse the rules for civil and criminal proceedings on the MBE.

Revision Tip

If a public record is offered in a criminal case, always ask: Is it a law enforcement observation or factual finding? If so, and it’s offered against the accused, it is likely inadmissible under the public records exception.

Summary

  • The public records exception allows certain records of public offices to be admitted for their truth.
  • Admissibility depends on the type of record, the purpose for which it is offered, and the party offering it.
  • Law enforcement records are generally excluded against the accused in criminal cases.
  • Trustworthiness is always required.

Key Point Checklist

This article has covered the following key knowledge points:

  • The public records exception permits admission of records of public offices setting out activities, observations, or factual findings.
  • In criminal cases, law enforcement observations and factual findings are excluded when offered against the accused.
  • Trustworthiness is required for admissibility; the court may exclude untrustworthy records.
  • Public records must be made as part of the office’s regular activities and based on a duty to report.
  • The Confrontation Clause may further restrict admissibility in criminal cases.

Key Terms and Concepts

  • Hearsay
  • Public Records Exception
  • Factual Findings
  • Trustworthiness (Public Records)
  • Law Enforcement Exclusion
  • Confrontation Clause
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
AdaptiBar
One-time Fee
$395
Assessment Day
One-time Fee
$20-39
BarPrepHero
One-time Fee
$299
Job Test Prep
One-time Fee
$90-350
Quimbee
One-time Fee
$1,199

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal