Echo Acceptance Corp. v. Household Retail Services, Inc.
United States Court of Appeals for the Tenth Circuit
267 F.3d 1068 (2001)
Relevant factsFree
In a breach of contract suit by Echo Acceptance and Echosphere (plaintiffs) against Household Retail Services (HRSI) (defendant), HRSI sought to introduce three letters its own lawyers had drafted in anticipation of the litigation; the trial judge excluded them as legal posturing rather than admissible business records, and a jury found for Echo. HRSI appealed, arguing the letters should have been admitted under the business records exception.
IssueFree
Whether business documents prepared in anticipation of litigation are ineligible for the Federal Rule of Evidence 803(6) business records exception to the hearsay rule.
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