Evidence-Wellborn SU2006 Outline

Where gov did not offer the forms to prove the truth

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Unformatted text preview: t that it records. Satisfied if the record was made "a reasonable time thereafter." Ex Inadmissible. Memorandum prepared on Nov. 5 providing history and background of the transaction from January to June did not satisfy timeliness requirement. Ex Admissible. Although the physical documents were not generated when the parties contracted for the shipment of Lozen's grapes, they were produced from the same electronic information that was generated contemporaneously. For the purpose of Rule 803(6) it is immaterial that the business record is maintained in a computer rather than in company books. Record was made by, or from information transmitted by, a person with knowledge, the person with knowledge must have acted in the regular course of business, or as it is sometimes put, must have had a business duty to report. Employee who makes the record or entry need not have personal knowledge of the facts recorded, but some person who is a member of the organized activity must have personal knowledge...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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