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Home > B > Business Records Exception
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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