CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Computer-Generated Evidence
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Possible Objections
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Hearsay
............Absence of Record Exception
5 Cards On This Topic:
Absence of a business record may be admissible as exception to hearsay rule when offered to prove nonoccurrence of act or event, or nonexistence of condition.
Government properly established D's failure to file tax returns through computer-generated evidence.
Absence of entry in computer business records admitted to prove event did not occur.
Printouts of tax records certified by Secretary of Treasury properly admissible. "Data compilation" includes electronic storage.
Absence of entry in business records as exception to hearsay rule.