TITLE 9

EVIDENCE

CHAPTER 4

PRIVATE WRITINGS

9-408.  Entries made by decedent — When admissible. The entries and other writings of a decedent, made at or near the time of the transaction, and in a position to know the facts stated therein, may be read as prima facie evidence of the facts stated therein, in the following cases:

1.  When the entry was made against the interest of the person making it.

2.  When it was made in the professional capacity, and in the ordinary course of professional conduct.

3.  When it was made in the performance of a duty specially enjoined by law.

History:

[(9-408) C.C.P. 1881, sec. 929; R.S., R.C., & C.L., sec. 5996; C.S., sec. 7967; I.C.A., sec. 16-408.]