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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bridges v. Clark, 59 A.3d 978 (2013)

Citation
Bridges v. Clark, 59 A.3d 978 (2013)
Parent Document
Bridges v. Clark, 59 A.3d 978 (2013)
Jurisdiction
DC (municipal)
Effective Date
2013-01-24

Other Sections in This Document (47)

Full Text

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The Love affidavit is admissible under the principles of Rule 801(d)(2)(B) as an adoptive admission of a party opponent.4 Mr. Clark manifested his adoption and his belief in the truth of the pertinent part of the affidavit by submitting the affidavit to the court as part of a motion to dismiss in which he argued that he had made repairs to the house promptly after learning of problems.5 Mr. Clark further indicated his belief in the truth of the affidavit at trial, by consenting through counsel to the admission of the affidavit into evidence as long as the motion to dismiss was admitted in its entirety. See Harris, 834 A.2d at 117 (Rule 801(d)(2)(B) “does not require an explicit statement of adoption; all that is necessary is some manifestation of a party’s intent to adopt another’s statements, or evidence of the party’s belief in the truth of the statements.”) (internal quotation marks omitted).