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45. Is the report admissible?
A plaintiff sued his insurance company for the full loss of his banquet hall by fire. The insurance company defended under a provision of the policy limiting liability to 50 percent if «flammable materials not essential to the operation of the business [were] stored on the premises and cause[d] a fire.» The insurance company called the keeper of the city fire inspection records to identify a report prepared and filed by the fire marshal as required by law, indicating that shortly before the fire, the fire marshal had cited the plaintiff for storing gasoline at the banquet hall.
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A is incorrect. This report is admissible as a public record under Rule 803(8) of the FRE.
B is incorrect. The fact that this is a civil case does not make the report inadmissible. Public records are admissible in both civil and criminal cases. In fact, they are more broadly admissible in civil cases than in criminal cases. The report is admissible as a public record under Rule 803(8) of the FRE.
D is incorrect. Although the exception for records of regularly conducted activity (FRE 803(6)) might apply, this answer is incorrect because this exception does not require a showing of the unavailability of the fire marshal.