CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Writings
......Business Records
.........In General
 11 Cards On This Topic:
  • Business records exception to hearsay rule summarized.
  • Business record is admissible over hearsay objection.
  • "Business" is broadly defined.
  • Records prepared in the normal course of business do not qualify for business records hearsay exception if prepared primarily for litigation.
  • Discussion of who an "other qualified witness" may be for purposes of laying foundation for admission of business records.
  • Patients (Ps) at fertility clinic who believed another couple's twins resulted from P Wife's eggs, had no standing to sue where they presented unauthenticated hearsay evidence not satisfying business records exception.
  • In K dispute re delivery of chickens, trial court's blanket exclusion of Ps' proferred documents was error, where most were adequately authenticated and not subject to any legitimate hearsay objection.
  • Business record may contain both admissible and inadmissible evidence.
  • Prom. Note is not business record but operative contractual document admissible on adequate evidence of authenticity. Note Ledger not admissible over hearsay objection.
  • Business records exception to federal hearsay rule.
  • Customer-provided info on Western Union forms may fall under FRE 801(d)(2)(A) or (E) hearsay exceptions; "catchall" exception inapplicable as no guarantees of trustworthiness.


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