David A. Dick


In Moore v. Director of Revenue, the Southern District of the Missouri Court of Appeals encountered a fact situation that, upon a cursory reading, seems to touch upon an established rule of evidence. A cursory perusal, however, would overlook an evidentiary issue previously undetermined in Missouri. By creating a new exception to the hearsay rule, the Moore court approved the admissibility of labels used to prove container contents. Because this case presents an unusual context for the introduction of labels used to prove contents of a container and little case law discusses the matters at issue, many questions remain as to the scope and application of this new exception to the hearsay rule. Depending upon future explanation and interpretation, this new exception to the hearsay rule could have very influential ramifications affecting cases far beyond the factual situation presented in Moore.

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