Opinion
00 Civ. 8358 (RCC) (HBP)
June 18, 2002
MEMORANDUM OPINION AND ORDER
By Notice of Motion dated January 30, 2002 (Docket Item 23), plaintiff seeks an Order confirming that Exhibits 1 through 8 will be admissible at trial. For the reasons set forth below, the motion is denied without prejudice to renewal either at trial or after the filing of the pretrial order.
The admissibility of documentary evidence often turns on many facts. Before a document can be received in evidence, evidence must ordinarily be offered that would support a finding that (1) the document is authentic and (2) the document fits within an exception to the prohibition against hearsay or is being offered for a non-hearsay purpose. Alternatively, even if such foundation evidence is not offered, the document may, nevertheless be admissible as a result of the parties' stipulation or the absence of an objection.
At this stage, it is simply impossible to rule on the admissibility of the documents. The foundation facts have not been established, nor has defendant had an opportunity to object. Thus, all the relevant facts are not currently known.
Accordingly, plaintiff's motion to confirm the admissibility of Exhibit 1-8 (Docket Item 23) is denied without prejudice to renewal either at trial or after the filing of the pretrial order. Nothing herein is intended to constitute a determination as to the actual admissibility of the documents in issue.