U.S. Court of Appeals for the 9th Circuit
Dec. 2, 2015
9th Circuit adopts new rule on hearsay
The 9th U.S. Circuit Court of Appeals adopted the First Circuit's"possession plus" standard Monday, finding that when a party acts in conformity with the contents of a document, he has adopted the statements therein even without reviewing them.
Daily Journal Staff Writer
It is not necessary for a party to have personally read or understood a document to adopt the statements therein and render them admissible as evidence, the 9th U.S. Circuit Court of Appeals ruled Monday in a case of first impression.
"We do not look to whether the party has affirmatively reviewed the document, but whether 'the surrounding circumstances tie the posse...
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