Legal Definitions - public-records exception

The public-records exception is a rule in evidence law that allows certain official government documents, or the certified absence of such documents, to be admitted as evidence in court. Normally, statements made outside of court (known as "hearsay") are not allowed because the person who made the statement isn't available for cross-examination. However, public records are considered highly reliable because they are created by government officials as part of their official duties and are generally maintained with accuracy and impartiality.

This exception applies to:

• The contents of official government records (like birth certificates, property deeds, or government inspection reports).
• A certified statement confirming the absence of a record where one would ordinarily be kept in public archives (for example, to prove someone doesn't have a specific license).

Here are some examples illustrating the public-records exception:

• Example 1: Government Safety Inspection Report

  Imagine a construction company is sued after an accident on a worksite. To demonstrate that the company had a history of safety violations, the plaintiff's attorney introduces a report from the Occupational Safety and Health Administration (OSHA) that documented multiple unaddressed hazards at the site several months prior to the accident. This OSHA report, created by a government agency in the course of its official duties, is admitted as evidence under the public-records exception.

  How it illustrates the term: Even though the specific OSHA inspector who wrote the report is not present in court to testify about every detail, the report itself is considered reliable evidence of the observed safety violations because it is an official public record generated by a government entity.

• Example 2: Official Property Deed

  In a dispute over land ownership, one party needs to prove they legally purchased a specific parcel of land years ago. Their attorney presents a certified copy of the property deed, which was recorded and maintained by the county recorder's office. This deed clearly shows the transfer of ownership to their client.

  How it illustrates the term: The property deed is a public record maintained by a government office. It serves as official proof of ownership and the transaction, and it is admissible under the public-records exception without needing the original seller or the recording clerk to testify in court about its contents.

• Example 3: Absence of a Professional License

  A person is accused of operating an unlicensed daycare facility. To prove this, the prosecution obtains a certified statement from the state's Department of Children and Family Services (DCFS) confirming that, after a thorough search of their records, no license was ever issued to the accused for operating a daycare at that location. This statement is presented as evidence.

  How it illustrates the term: This scenario demonstrates the "absence of a record" aspect. The official statement from DCFS, attesting that a diligent search found no record of a license where one would typically be kept, is admissible evidence to prove that the daycare was indeed unlicensed. The government's official confirmation of the *lack* of a record is considered reliable.