4th DCA Robo-Witnesses Ruling A Win For Former Condo Owners. DAILY BUSINESS REVIEW (Adolfo Pesquera)Posted August 29, 2013
...Foreclosure defense attorney Thomas Ice of Ice Legal in Royal Palm Beach has been watching the case closely.
"Although the court doesn't use the word 'robo-witness,' this is the case that we've been waiting for on that subject," he said. "It could be the death knell for the banks' business practice of using professional witnesses at trial to introduce computer printouts, where the witness' only connection to those printouts is that they read them shortly before trial."...
...By reversing Cox, the Fourth District noted as precedent a similar decision it made in 2011 in Glarum v. LaSalle Bank, where a bank officer relied on for testimony had read material from a database and couldn't verify whether the entries were correct.
Ice was involved in that case.
He said the one addresses a problem that defense attorneys have been complaining about for some time — bank and association witnesses parroting what's in a document without personal knowledge of its accuracy.
"It says that the Glarum case applies in the context of trial, that a plaintiffs witness cannot just utter the 'magic words' of the business records hearsay exception to introduce their accounting records," Ice said. ...