• The Basics 2017: Estate Planning

  • The Basics 2017: Criminal Defense

  • Categories

  • Archives

  • © The Regents of the University of California, 2010-2017. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

CEB Question of the Month: Business Records as Evidence

Question: True or False? To get a business record admitted into evidence under the business-records exception to the hearsay rule, you must show that the person who made the record is “unavailable as a witness.”

Answer: False. The business-records exception to the hearsay rule does not require a showing that the recorder or person who made the written record is “unavailable as a witness.” Rather, a writing, or a portion of a writing, is admissible under the business-records exception to the hearsay rule if (Evid C §1271):

  • The writing was made as a record of an act, condition, or event, and is offered to prove the occurrence of that act, condition, or event;
  • The writing was made in the regular course of business;
  • The writing was made at or near the time of the occurrence of the act, condition, or event;
  • The custodian of the writing, or other qualified witness, testifies to the identity of the writing and the mode of its preparation; and
  • The sources of information for the entries contained in the writing, and the method and time of preparation of the writing, were all such as to indicate the writing’s trustworthiness.

For everything you need to know about getting business records admitted into evidence, turn to CEB’s Jefferson’s California Evidence Benchbook, chap 4.

© The Regents of the University of California, 2011. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

3 Responses

  1. […] CEB Question of the Month:  Business Records as Evidence Share this:EmailPrintFacebookTwitterLike this:LikeBe the first to like this post. Published in: […]

  2. I believe that is false, however, without a stipulation from opposing counsel, I believe you will need SOMEONE, i.e. a custodian of record, to testify as to the authenticity of the record. Nothing as fun as a full day of a trial being used to usher in 15 different custodians of records just to say that the medical records are what everyone already knows they are….

  3. […] CEB Question of the Month: Business Records as Evidence […]

Add your comment to the blog post

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: