Evidence-Wellborn SU2006 Outline

Double hearsay if a business record incorporates a

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Unformatted text preview: morandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness. Foundation for business record. The foundation for qualifying a business record under Rule 803(6) consists of four basic elements. The record was made and kept in the course of a regularly conducted business activity This element is easily satisfied Business = broadly defined includes any regular organized activity! Activity may be that of an individual, so long as it is done, and the records are kept, regularly (personal diary of wages and tips kept by casino employee admissible under 803(6)) Keogh! It was the regular practice of the business activity to make the record; i.e., it is a routine record ESSENTIAL ELEMENT Goes to the heart of the theory of trustworthiness of business records. Essential to any claim of reliability that the statement be of a type that persons engaged in the activity record routinely!! The record was made at or near the time of the even...
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