[See later article - superceded by statute]
Federal agencies annually conduct thousands of investigations. The Coast Guard investigates all reportable marine casualties. For the more serious casualty, the Coast Guard may convene a formal board of investigation. The report of investigation, once final, is available to the public. Courts have long recognized that the "Finding of Fact" are admissible under Federal Rule of Evidence 803(8)(C). This is true even if the investigator is available to testify.
In December 1988, the U. S. Supreme Court ruled that the investigators' conclusions and opinions are also admissible under Rule 803(8)(C), if they are factually based. Beech Aircraft v. Rainey, 109 S.Ct.439(1988). The Court's decision greatly enhances the potential importance of agency investigations in later civil litigation. Where, for example, the Coast Guard investigators examine witnesses, perform accident reconstructions, obtain or run simulations on stability data, or conduct materials and equipment tests, the investigators' conclusions and opinions formed as a result may be very persuasive in later trials - particularly in jury trials where the fact finder may give great credence to an independent investigator's conclusion.
Attorneys should recognize that now more than ever the Coast Guard investigation can be a critical proceeding following any serious marine casualty. Every party in interest in a marine casualty investigation has a right to be represented by counsel and to call and examine witnesses. MEC experts who have been members of Coast Guard Marine Boards are available to assist counsel during Coast Guard marine casualty investigations to access the plausibility of testimony and to suggest tests, witnesses and other examinations that may be helpful to protect his client's position.
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