Judgment and Sentence as Evidence in Trial
I have an MVA trial coming up where the defendant was convicted of felony DUI arising from the accident. I have a certified copies of the judgment and sentencing order from the criminal court wherein the defendant pled guilty and was found guilty. The defendant will not be at the trial as he hasn't been present for anything in this lawsuit. How do I get the judgment and sentence order into evidence?
Answer: It is admissible under the hearsay exceptions you have cited (12 O.S. 2803(8) and (22)). If final, it is also conclusive of the fact of DUI under Benham v. Plotner, 1990 OK 64, 795 P.2d 510: A final conviction is conclusive of the facts necessary to establish the judgment, citing Lee v. Knight, 1989 OK 50, 771 P.2d 1003: A conviction pending on appeal is admissible, but is not conclusive. Party against whom offered may offer explanatory evidence.
Posted on Fri, September 7, 2012
by Sharon Coleman filed under