What is the foundation for the Business records exception to hearsay?
Timely—Record must have been Timely made “at or near” the time of the matter recorded
Regular—It must have been the habitual, ROUTINE, regular practice of that business to systematically make and keep such a record
Under Duty—Out-of-court declarant must have been UNDER a DUTY to supply information for the record, unless the statement falls into another hearsay exception, in which case the statement would be admitted, provided the other 4 TRUMP elements are satisfied (“hearsay w/in hearsay”) (Note, witnesses are not under a duty to convey info to police, so a report containing their statements cannot qualify as a business record unless under another exception).
MADE—The record was MADE and the info was kept as part of the regular practice of that business; AND
Personal Knowledge—Business records must identify the source of the info, and the person supplying info for the record must have had Personal knowledge of the matter recorded
Authentication—Authenticity established by the custodian (i) testifying that the record is a business record, or (ii) certifying in writing that the record is a business record.
Statement of then-existing state of mind, emotion, sensation, or physical condition.
Statement made while under the stress of excitement of a startling event, relating to the event, before the declarant had time to reflect on it.
Present Bodily Condition
Spontaneous declaration of present physical symptoms.
Past Bodily condition
Statement made for the purpose of diagnosis or treatment.
Writing by a witness who cannot now remember the facts, made while the facts were fresh on her mind
Business Records or Absence Thereof
Writing made in the regular course of business, consisting of matters within the personal knowledge of one with a business duty to transmit. Lack of such writing may be used to show nonoccurrence of event
Public Records and Reports
Records and reports of public agencies regarding their activities, and records of births, deaths, marriages. Absence of public record is admissible to show nonexistence of matter; findings resulting from an investigation authorized by law only in civil acaitons and against the government in criminal cases.
A copy of a judgment of a prior felony conviction is admissible to prove any fact essential to the judgment. IN a criminal case, it may be used for this purpose only against the accused.
Documents 20 years old or more
Documents Affecting Property Interests
Statements in a document affecting an interest in a property (deed, will)
Statements from authoritative works admitted if called to the attention of an expert witness while on the stand, and established as reliable authority.
Reputation evidence concerning a person's character, a persons' personal family history, land boundaries, or a community's general history
Statements of fact found in family bibles, jewelry engravings, tombstones, etc.
Market reports and public compilations generally relied on by the public or persons of a particular occupation.