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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Powers v. Coccia, 861 A.2d 466 (2004)

Citation
Powers v. Coccia, 861 A.2d 466 (2004)
Parent Document
Powers v. Coccia, 861 A.2d 466 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-12-09

Full Text

691 chars
The plaintiffs also maintain that certain documents submitted to Coccia, consisting of service agreements and invoices that were incorporated by reference into his affidavit, are admissible as statements made by his agents. Under Rule 801(d)(2)(D) statements made “by the party’s agent or servant concerning a matter within the scope of the party’s agency or employment” are not hearsay. “Rule 801(d)(2)(D) requires that an agency or employment relationship must have existed between the declarant and the party. * * * [Statements of a party’s independent contractors typically do not come within Rule 801(d)(2)(D).” 5 Weinstein’s Federal Evidence § 801.33[2][b] at 801-65, 67 (2d ed. 2002).