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Padilla v. Hay5/31/1995
ntroduced in conjunction with the testimony of the plaintiff, in which case they cannot be characterized as business records. That situation, however, seems to be covered by Rule 803(24) of the Federal Rules of Evidence, which is known as the catch-all or residual exception, and which permits the admission of nonspecified categories of hearsay having circumstantial guarantees of trustworthiness. Admission under this exception is conditioned on the court's determining that the statement: (1) "is offered as evidence of a material fact"; and (2) "is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts." In addition admission of the statement must be found to serve "the general purposes of these rules and the interest of Justice." [Footnote omitted.]
Padilla did not avail herself of the avenues discussed by Minzer to relieve her hearsay problem. She did not create a predicate to argue admissibility of the bills as business records (or as corroborative evidence as discussed by the California courts). Nor did she argue New Mexico's equivalent to the catch-all exception to the hearsay rule. SCRA 11-803(X). To invoke this exception, Padilla would have had to provide notice to Hay sufficiently in advance of the trial so that Hay would have the opportunity to argue against admissibility. SCRA 11-803(X)(3). We point out that this notice provision serves the same purpose as the notice provision in the Massachusetts statute.
Conclusion
As Padilla did not provide the basis for the trial court to conclude that the medical bills carried a sufficient guarantee of trustworthiness, we cannot conclude that the trial Judge abused his discretion.
We affirm the decision of the trial court.
IT IS SO ORDERED.
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