Opinion
Civil No. CV 99-1576-AS
February 26, 2001
ORDER
Presently before the court is William R. Balzer, Stephanie D. Rabey and the City of Portland's motion in limine with regard to two unsworn statements made by Clarence Taylor within 36 hours after the incident in question and a deposition taken almost two years after the incident. The first statement was given by Mr. Taylor to two police officers four hours after the incident and the other was given to counsel for Herbert Gilbaugh, personal representative for the estate of Peter Gilbaugh, deceased, 36 hours after the incident. In his deposition, Mr. Taylor indicated that he was drunk at the time of the incident and prior statements, that he did not remember anything and that he did not want to be involved in the litigation.
After hearing oral argument and reviewing the pleadings, materials and cases submitted by the parties, the court finds that the unsworn statements do not qualify as recorded recollections under Rule 803(5) but do meet the requirements under the residual exception to the hearsay rule found in Rule 807. Accordingly, defendants' motion (#26) in limine is DENIED.
IT IS SO ORDERED and DATED this 26th day of February, 2001.