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Business Records Exception

An exception to the hearsay rule which permits documents generated in the normal course of business to be admitted into evidence as long as a foundation is laid regarding the realiability of said documents.

See Federal Rule of Evidence 803 [Exceptions to the Hearsay Rule - Regardless of whether declarant is available]

(6) Records of a Regularly Conducted Activity. A record of an act, event, condition, opinion, or diagnosis if:

(A) the record was made at or near the time by — or from information transmitted by — someone with knowledge;

(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;

(C) making the record was a regular practice of that activity;

(D) all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and

(E) neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness.

 

 

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