Re: Fre 803(8): Public Records and Reports (Police Reports)
So, it would appear a police report works in the strange situation, whereby an individual is being charged with a crime or civil action by the government, whereby the report would prove that they have the wrong individual (perhaps the officer died, thus his report is of use).
If I understand what you've said, then, the main way to use a police report is to have the declarants available OR the officer who took the report, thus allowing the report to be discussed. However, a declarant could deny portion of the police report, the officer who made the report would need to be present for the officer to either admit or deny that the declarant had declared such. As such, if the declarants and officer were in the same courtroom during the same hearing, the declarant could be quickly exposed for having made a false police report, be that the officer claims one or more declarants a liar if they lie about something that he heard and reported from a statement one or more declarants made.
It would appear, then, that there is a way to expose someone as a liar, but the officer would need to be present.
Re: Fre 803(8): Public Records and Reports (Police Reports)
If the declarants are available, why not simply have them testify?
You're dancing around your actual question. What is it that you hope to do with a police report, and why are you concerned about simply having the declarants testify?
Re: Fre 803(8): Public Records and Reports (Police Reports)
Because the police report is false, I hope to prove the plaintiff and associated witnesses to be liars.
Re: Fre 803(8): Public Records and Reports (Police Reports)
From what you have posted here, you don't have a clue what you are doing and should retain a lawyer to represent you.
You appear now to be approaching the statements in the police report from the standpoint of impeachment.
Re: Fre 803(8): Public Records and Reports (Police Reports)
I have retained an attorney. All of this is "homework" I have had to do.
Also, I wouldn't say I do not have a clue. Proving someone a liar is the goal with the police reports.
And I've obviously figured out that having the police officer testify about the reports is a good way to avoid the hearsay problem.
Re: Fre 803(8): Public Records and Reports (Police Reports)
I'm curious ... who is in court? Are you defending yourself in a criminal matter and hoping to impeach the complaining parties? Or, are you attempting to sue for defamation based on what was told to the police?
The former might be easier than the latter as proving a knowing and intentional falsehood can be difficult. Perceptions can be incorrect yet not actionable.