78B-5-607 - When entries and writings of a decedent are prima facie evidence.
78B-5-607. When entries and writings of a decedent are prima facie evidence.
The entries and other writings of a decedent made at or near the time of the transaction,and when the decedent was in a position to know the facts stated in the entry, may be read asprima facie evidence of the facts written about, in the following cases:
(1) the entry was made against the interest of the person making it;
(2) it was made in a professional capacity and in the ordinary course of professionalconduct; or
(3) it was made in the performance of a duty specially enjoined by law.
Renumbered and Amended by Chapter 3, 2008 General Session