AIRCRAFT ACCIDENT REPORTS AND OTHER GOVERNMENT DOCUMENTS: EVIDENTIARY USE IN INTERNATIONAL AIR CRASH LITIGATION IN THE UNITED STATES

摘要

There are many evidentiary issues unique to an international aviation accident litigated in the United States. Accident reports prepared by the NTSB are subject to the exclusionary rule in 49 U.S.C. § 1154(b) and the limitations contained in the hearsay exception for government reports in Federal Rule of Evidence 803(8) (C). ICAO accident reports, prepared with the sole purpose of preventing future accidents, are also subject to the same limitations in Rule 803(8) (C) for the use of government reports. Military accident investigations typically result in the production of two reports: a safety or mishap report and a collateral investigation report. Safety reports are subject to an executive privilege shielding confidential information from disclosure. Collateral reports are subject to the exclusionary rule in 10 U.S.C. § 2254(d). Both are subject to the trustworthiness concerns of Rule 803(8) (C).