BusinessRecords Exception Litigator Series edition by LandMark Publications Professional Technical eBooks
Download As PDF : BusinessRecords Exception Litigator Series edition by LandMark Publications Professional Technical eBooks 
THIS CASEBOOK contains a selection of 64 U. S. Court of Appeals decisions that analyze and discuss the business-records exception to the general rule against hearsay. The selection of decisions spans from 2004 to the date of publication. The full text and notes are included for Rule 803, Exceptions to the Rule Against Hearsay and for Rule 902, Evidence That Is Self-Authenticating.
Rule 803(6) [of the Federal Rules of Evidence] carves out an exception to the general rule against hearsay for records "kept in the course of a regularly conducted activity of a business . . . [if] making the record was a regular practice of that activity." "The rationale behind this exception is that business records 'have a high degree of reliability because businesses have incentives to keep accurate records.'" United States v. Ary, 518 F.3d 775, 786 (quoting United States v. Gwathney, 465 F.3d 1133, 1140 (10th Cir. 2006)). In order to be admissible under Rule 803(6)'s business-records exception, the proposed document
must
(1) have been prepared in the normal course of business;
(2) have been made at or near the time of the events recorded;
(3) be based on the personal knowledge of the entrant or of a person who had a business duty to transmit the information to the entrant; and
(4) indicate the sources, methods and circumstances by which the record was made were trustworthy.
Id. US v. Jenkins, (10th Cir. 2014)
Rule 803(6) further provides that these prerequisites for admissibility may be satisfied "by a certification that complies with [Federal Rule of Evidence] 902(11)." Working hand in glove with Rule 803(6)'s business-records exception, Rule 902(11) "permits a party to establish the authenticity of documents as domestic business records through a declaration from the records' custodian." United States v. Lewis, 594 F.3d 1270, 1278 (10th Cir. 2010). This is subject to the requirement that the proponent "must give an adverse party reasonable written notice of the intent to offer the record—and must make the record and certification available for inspection—so that the party has a fair opportunity to challenge them." Fed. R. Evid. 902(11). US v. Jenkins, ibid.
[A] record created by a third party and used as part of another entity's records meets the business records exception, so long as the entity relied on the accuracy of that record and the remaining requirements of Rule 803(6) are met. Brawner v. Allstate Indem. Co., 591 F.3d 984, 987 (8th Cir. 2010). Residential Funding Company, LLC v. Terrace Mortgage Co., 725 F. 3d 910 (8th Cir. 2013)
The advisory committee to the Federal Rules of Evidence made the following [ ] remarks about dealing with the admission of electronically stored data under Rule 803(6)
The form which the "record" may assume under the rule is described broadly as a "memorandum, report, record, or data compilation, in any form." The expression "data compilation" is used as broadly descriptive of any means of storing information other than the conventional words and figures in written or documentary form. It includes, but is by no means limited to, electronic computer storage. The term is borrowed from revised Rule 34(a) of the Rules of Civil Procedure.
Advisory Committee Note, Fed.R.Evid. 803 . US v. Nixon, 694 F. 3d 623 (6th Cir. 2012).
BusinessRecords Exception Litigator Series edition by LandMark Publications Professional Technical eBooks
Nice compilation of cases regarding the business records exception. This exception is also called Business Entry Rule. Under this rule, business records are allowed to be admitted into evidence at trial if it can be shown that the document is reliable. The price is ok, but not great as there is only a small number of cases included. Keep in mind, this and many of the other "Litigator Series" compilations often show up on the free list and most, if not all, of the cases are available online for free.Product details
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BusinessRecords Exception Litigator Series edition by LandMark Publications Professional Technical eBooks Reviews
Nice compilation of cases regarding the business records exception. This exception is also called Business Entry Rule. Under this rule, business records are allowed to be admitted into evidence at trial if it can be shown that the document is reliable. The price is ok, but not great as there is only a small number of cases included. Keep in mind, this and many of the other "Litigator Series" compilations often show up on the free list and most, if not all, of the cases are available online for free.
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