78B-5-607. When entries and writings of a decedent are prima facie evidence.
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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 as prima 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 professional conduct; or
(3)it was made in the performance of a duty specially enjoined by law.
Renumbered and Amended by Chapter 3 , 2008 General Session