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Belnap v. Graham, 2016 UT App 14 (Jan. 22, 2016)

Jan 22, 2016

This decision affirming the district court’s grant of summary judgment to a physician in a wrongful death case discusses several hearsay exceptions, and illustrates the interplay between the hearsay rule and a plaintiff’s burden at the summary judgment stage. Among other things, the Utah Court of Appeals held a party seeking to create an issue of fact based on the absence of a record under Utah Rule of Evidence 803(7) must lay adequate foundation under Utah Rule of Evidence 803(6) as to actual record-keeping practices.