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· 1/8/2010

Brawner v. Allstate Indemnity Co.

Citations

  • 591 F.3d 984
  • 2010 U.S. App. LEXIS 396
  • 2010 WL 45970

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding mortgage company’s evidence that documents informed mortgage company it could begin foreclosure, which mortgage company did, showed mortgage company relied on documents
  • “[company] was not required to produce an individual from the entity that prepared the record to establish a foundation”
  • “Several other courts have held that a record created by a 3 To my knowledge, the Fourth Circuit has not addressed this application of Rules 803(6) and 902(11
  • “[T]he district court did not abuse its discretion by concluding that Allstate was not required to produce an individual from the entity that prepared the record to establish a foundation”
  • “[W]e have established that the 22 ‘custodian or other qualified witness need not have personal knowledge regarding the creation of the document offered, or personally participate in its creation, or even know who actually recorded the information.”’ (citations omitted)
  • “[A] record created by a third party and integrated into another entity’s records is admissible as the record of the custodian entity, so long as the custodian entity relied upon the accuracy of the record and the other requirements of Rule 803(6) are satisfied.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Colloton, Bye, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.