What is a predecessor in interest? Forum
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trepinator
- Posts: 35
- Joined: Mon Nov 18, 2013 6:04 pm
What is a predecessor in interest?
What is a predecessor in interest in regards to FRE 804(b)(1) for civil cases?
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MarkfromWI
- Posts: 243
- Joined: Wed Aug 27, 2014 4:54 pm
Re: What is a predecessor in interest?
A predecessor in interest is just a 3rd party who litigated a similar issue with a similar motive.
Here's an example:
Husband and wife are going thru a divorce, and they are contesting ownership over an expensive piece of art. The wife claims they purchased it together while married (and thus would be community property subject to equal division) whereas the husband claims that it was an heirloom passed down by his mother (not community property). H gets his brother to testify that the painting was given to H by their mother while she was on her death bed. Before judgment is entered, however, both H and brother die in a car accident. An estate is created for H.
At this point, a 3rd party, Mr. X, comes in and sues the estate for replevin, claiming that the painting was really his but had been stolen by H. The estate would be able to use the brother's testimony against X using 804(b)(1) because the wife was X's predecessor in interest. She had previous opportunity to develop the testimony of the brother (during the divorce proceeding) and was litigating it with largely the same motive (to establish that it wasn't an heirloom).
Here's an example:
Husband and wife are going thru a divorce, and they are contesting ownership over an expensive piece of art. The wife claims they purchased it together while married (and thus would be community property subject to equal division) whereas the husband claims that it was an heirloom passed down by his mother (not community property). H gets his brother to testify that the painting was given to H by their mother while she was on her death bed. Before judgment is entered, however, both H and brother die in a car accident. An estate is created for H.
At this point, a 3rd party, Mr. X, comes in and sues the estate for replevin, claiming that the painting was really his but had been stolen by H. The estate would be able to use the brother's testimony against X using 804(b)(1) because the wife was X's predecessor in interest. She had previous opportunity to develop the testimony of the brother (during the divorce proceeding) and was litigating it with largely the same motive (to establish that it wasn't an heirloom).
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Avian
- Posts: 274
- Joined: Fri Oct 31, 2014 9:04 pm
Re: What is a predecessor in interest?
To be a little bit more precise (which may help you understand it conceptually), "predecessor in interest" is a term of art meaning a person or entity who previously held the rights or interests that are now held by another. Mark already explained how it is applied in the context of FRE 804(b)(1).MarkfromWI wrote:A predecessor in interest is just a 3rd party who litigated a similar issue with a similar motive.
