Evidence-Wellborn SU2006 Outline

Intended payees were not acting in the regular course

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Unformatted text preview: itlock's diary did not fall into the rule 803 (6) exception and therefore should not have been admitted. o Claims it was not a business record o Also dispute the trustworthiness of the dairy entries! Issue: Was the diary a business record sufficient to be admitted under 803(6)? Holding: Diary falls into the rule 803(6) exception and therefore was properly admitted. o Four elements met: Notes: Diary kept in the course of a regularly organized activity Whitlock's diary, even though personal to him, shows every indication of being kept "in the course of" his own "business activity," "occupation" or "calling." Was regular practice of Keogh to make the entries Were made after each day of work, right after Keogh earned his income, therefore were at or near the time of the income. Record was made by Whitlock (person with knowledge of his wages/tips!) Example of 803(7) Absence of entry in regularly conducted activity if something was said to have happened and there ought to have been a record, if there wasn't a record...
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