Questions are in the next post/reply.We've attempted to implement the axiom that "There are no documents or things you cannot get into the record before trial."
1. Here's our situation:
a. The University of Florida IFAS Extension does investigations, makes reports and posts these reports on the internet. One example is “Mole Crickets: Get Rid of These Invasive Pests”.The link can be provided.
b. We want toget these Reports into the record before trial.
c. We've studied The Course on evidence, hearsay, cross-examination etc. Itmakes sense.
d. We can see a route whereby we could contact the Extension Service, locate the authors, depose them and then find a way to have them testify. That's an expensive undertaking and it still doesn't get the information into the record before trial.
2. Here's what we've tried so far.
a. We filed a Motion in Limine (MIL) requesting that the Reports be entered into the record.
i. Defendant objected saying:
1. we were trying to get an advance ruling on having the documents entered (yes, we were).
2. The documents are not self-authenticating (we knew that).
3. Even if the documents were authenticated there must be a ruling on their admissibility.
ii. The judge denied our MIL.
b. We filed a Request for Admission (RFA)
i. We cited and quoted the pertinent parts of the documents. (This still would not have gotten the reports into the record.)
ii. Defendant evaded the answers: admitted some, denied others, had no knowledge of others.
iii. We're considering a Motion to Compel Better Answers.
c. We filed a Motion to Take Judicial Notice (MTJN).
i. Florida Evidence Rules 90.201 though 207 cover judicial notice. 202(12) states that “Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned” may be judicially noticed. [Noted the "may" - the judge has discretion.]
ii. The judge denied our MTJN.