Can a judge rely on hospital records to determine the truth of a claim made by defendant in a civil case?

California, United States of America


The following excerpt is from People v. McHugh, A124205 (Cal. App. 12/31/2009), A124205. (Cal. App. 2009):

Some of the entries in the hospital records relate statements by defendant, such as defendant's statements to hospital staff members that he "felt tense and irritable" and was "hearing voices." These statements were admissible as spontaneous declarations and expressions of state of mind. (Evid. Code, 1240, 1250; People v. Sword (1994) 29 Cal.App.4th 614, 635.) In summary, to the extent that the trial judge did rely on the contents of hospital records for the truth of the matter asserted, such reliance was not prejudicial error because the record contents were admissible evidence.

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