Legal Memorandum: If safeguards are met, despite testimony constituting hearsay, testimony may be allowed

Issue: Under the New Mexico Rules of Evidence, when will a court find that evidence, otherwise characterized as hearsay, does not fall within the rule?

To prevail on a claim for breach of fiduciary duty, plaintiff is required to prove the existence of a fiduciary duty, a breach of that duty by the defendant, and damages proximately caused by the breach. See Neade v. Portes, 193 Ill.2d 433, 444 (2000).

American Enterprise Bank v. Becker, 2016.IL.150179-U (Ill. App. Dist. 2. Jan. 28, 2016) (not precedential).

Date: March 1, 2016
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