The entries and other writings of a
decedent made at or near the time of the transaction, and when the decedent was in a position to know the facts stated in the entry, may be read as prima facie
evidence of the facts written about, in the following cases:
| (1) |
the entry was made against the interest of the person making it; |
Terms Used In Utah Code 78B-5-607
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :Utah Code 68-3-12.5
| (2) |
it was made in a professional capacity and in the ordinary course of professional conduct; or |
| (3) |
it was made in the performance of a duty specially enjoined by law. |
Renumbered and Amended by Chapter 3, 2008 General Session
